Lexology March 16, 2023
If the Federal Trade Commission’s (FTC) recent pursuits did not make clear the agency’s deep concerns about the use of health information for advertising purposes, a new enforcement action brought by the FTC against BetterHelp – to the tune of $7.8 million – should leave no uncertainty.
Factual Allegations
BetterHelp provides online counseling services and also provides specialized services for various constituencies, including people of Christian faith, teens and the LGBTQ+ community. The advertising technology BetterHelp utilizes on its website collects a range of information from and about visitors. When consumers sign up for a BetterHelp account, that information includes email, IP addresses, and certain sensitive health information responsive to intake questions.
The complaint details the many strong privacy promises...
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