Eye on Privacy - January 2014

Wilson Sonsini Goodrich & Rosati
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In this issue:

- FTC Settlement with Flashlight App Requires Extensive Disclosures Outside of the Privacy Policy to Collect and Share Geolocation Information

- GAO and Senate Commerce Committee Release Studies Calling for Increased Oversight and Regulation of "Data Broker" Industry

- National Rent-to-Own Company Settles FTC Charges of Enabling Computer Spying by Franchisees

- California Federal Judge Grants Summary Judgment to Apple, Dismissing Consumers' iPhone App Class Action

- FTC Settles First Mobile "Cramming" Case

- Excerpt from FTC Settlement with Flashlight App Requires Extensive Disclosures Outside of the Privacy Policy to Collect and Share Geolocation Information:

The Federal Trade Commission (FTC) announced on December 5, 2013, that Goldenshores Technologies, LLC and its managing member, Erik M. Geidl, agreed to a proposed settlement over claims that Goldenshores, through its "Brightest Flashlight Free" mobile application, violated Section 5(a) of the FTC Act prohibiting unfair or deceptive acts and practices affecting commerce by failing to disclose that the app transmitted user data, including precise geolocation information and persistent identifiers, to third parties such as advertising networks. Under the settlement, Goldenshores must provide just-in-time disclosures outside of the privacy policy and obtain affirmative express consent from users before collecting, using, or disclosing geolocation information. The settlement agreement (referred to here as "the order") was subject to public comment through January 6, 2014. The FTC will now decide whether to reach a final settlement with Goldenshores.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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