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HL Chronicle of Data Protection Privacy & Information Security News & Trends

Tag Archives: retail analytics

Posted in Consumer Privacy

FTC’s Latest Location-Tracking Settlement Reminds Companies to Mind Any Gap Between What They Say and What They Do

On April 23, the FTC accepted an administrative consent order with Nomi Technologies, Inc., which uses mobile device tracking technology to provide analytics services to retailers through its “Listen” service. At first blush, the action appears to involve a straightforward alleged misrepresentation in a privacy policy, but the two dissenting statements from Commissioner Wright and Commissioner Ohlhausen reveal more complex legal and policy issues. The settlement provides useful insights into how the current Chairwoman and Commissioners view deception cases on data privacy issues. It also affirms that a company’s public statements must be accurate, but suggests that voluntary promises relating to privacy should be made cautiously.