Lexology March 8, 2023
On March 2, 2023, the Federal Trade Commission (“FTC”) announced an enforcement action against California-based online counseling service BetterHelp, Inc. (“BetterHelp”) for allegedly sharing consumers’ health information, including sensitive information about mental health challenges, for advertising purposes in violation of Section 5 of the FTC Act.
This latest enforcement action comes just one month after the FTC announced an enforcement action against GoodRx for allegedly violating Section 5 of the FTC Act and the Health Breach Notification Rule (“HBNR”). Where the GoodRx enforcement action marked the first time the FTC enforced the HBNR, the BetterHelp enforcement action similarly sets a new precedent for the FTC: This is the first FTC enforcement action returning funds to consumers whose health information was...
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