Lexology February 7, 2023
Health companies cannot use online tracking technologies like other consumer organizations. This refrain, repeated frequently by regulators, litigants and the media in recent months, may now have found its clearest voice in the U.S. Federal Trade Commission (FTC).
The FTC has announced a groundbreaking enforcement action against GoodRx that focuses on, among other things, the disclosure of sensitive health information to third parties through online and mobile tracking technologies without clear notice and obtaining affirmative user consent. The action represents the FTC’s latest application of the unfairness and deception prongs under Section 5 of the FTC Act to the use of common web tracking technologies, such as cookies, pixels, and mobile SDKs, as well as the first instance in which...
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