Last week, the FTC announced an enforcement action against BetterHelp, Inc., an online mental health counseling service, relating to claims that the company’s collection and use of consumer health data were unfair and deceptive acts and practices under Section 5 of the FTC Act. This enforcement action—coming on the heels of the FTC’s February settlement with GoodRx for similar alleged violations—demonstrates the FTC’s continued enforcement focus on digital health companies’ misuse of consumer health information and highlights the need for companies in the digital health space to ensure that they are engaged in transparent data privacy practices.
In the WilmerHale client alert titled "FTC Continues Enforcement Focus on the Use and Disclosure of Health Information for Advertising," we summarize key takeaways from the FTC complaint, then provide a detailed breakdown of each allegation. We are happy to answer any questions you may have on these issues.
