FTC’s diagnoses common digital practices as both UDAP and breach

Lexology February 9, 2023
US LLP

In a groundbreaking decision,¹ the Federal Trade Commission (FTC) announced it was diagnosing GoodRx’s use of tracking pixel codes and analytics, its digital strategy, as not only an unfair or deceptive act or abusive practice but also as a data breach. A proposed class action lawsuit filed in a California state court last week contains similar allegations.² Reaching well beyond the healthcare space, the FTC, state regulators, and courts can be expected to grapple with whether or not companies’ digital strategies (such as tracking codes and related analytics including those that target information presented to consumers) run afoul of the privacy promises they make to consumers.

At issue is how to harmonize privacy policies promising consumers both that their personal...

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