The creator of one of the most popular apps for Android mobile devices has agreed to settle Federal Trade Commission charges that the free app, which allows a device to be used as a flashlight, deceived consumers about how their geolocation information would be shared with advertising networks and other third parties.
“When consumers are given a real, informed choice, they can decide for themselves whether the benefit of a service is worth the information they must share to use it,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “But this flashlight app left them in the dark about how their information was going to be used.”
Consumers also were presented with a false choice when they downloaded the app, according to the complaint. Upon first opening the app, they were shown the company’s End User License Agreement, which included information on data collection. At the bottom of the license agreement, consumers could click to “Accept” or “Refuse” the terms of the agreement. Even before a consumer had a chance to accept those terms, though, the application was already collecting and sending information to third parties – including location and the unique device identifier.
The settlement with the FTC prohibits the defendants from misrepresenting how consumers’ information is collected and shared and how much control consumers have over the way their information is used. The settlement also requires the defendants to provide a just-in-time disclosure that fully informs consumers when, how, and why their geolocation information is being collected, used and shared, and requires defendants to obtain consumers’ affirmative express consent before doing so.
The defendants also will be required to delete any personal information collected from consumers through the Brightest Flashlight app.
The Commission vote to accept the consent agreement package containing the proposed consent order for public comment was 4-0.
The FTC will publish a description of the consent agreement package in the Federal Register shortly. The agreement will be subject to public comment for 30 days, beginning today and continuing through Jan. 6, 2014, after which the Commission will decide whether to make the proposed consent order final. Interested parties can submit written comments electronically or in paper form by following the instructions in the “Invitation To Comment” part of the “Supplementary Information” section. Comments can be submitted electronically via the Commission’s comment submission page. Comments in paper form should be mailed or delivered to: Federal Trade Commission, Office of the Secretary, Room H-113 (Annex D), 600 Pennsylvania Avenue, N.W., Washington, DC 20580. The FTC is requesting that any comment filed in paper form near the end of the public comment period be sent by courier or overnight service, if possible, because U.S. postal mail in the Washington area and at the Commission is subject to delay due to heightened security precautions.
NOTE: The Commission issues an administrative complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of up to $16,000.