March 14, 2023

Privacy Lessons from FTC's BetterHelp Consent Decree

Rachel Marmor | Shannon Britton Hartsfield

Cybersecurity and privacy attorneys Rachel Marmor and Shannon Hartsfield co-authored a Law360 article analyzing a recent Federal Trade Commission (FTC) consent decree that indicates digital health companies should prioritize safeguarding consumer data privacy. The FTC's March 2 consent decree with BetterHelp, an online mental health treatment company, settled claims that BetterHelp engaged in unfair and deceptive trade practices by making website visitor information available to third parties for marketing and advertising. In this article, Ms. Marmor and Ms. Hartsfield break down the FTC's complaint, consequences of the consent decree and implications for companies in the digital health field. They also provide some cautionary tips for companies to put into practice to avoid attracting government scrutiny.

The authors previously authored a Holland & Knight client alert on this topic.

READ: Privacy Lessons from FTC's BetterHelp Consent Decree (Subscription required)

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