Section 5 of the FTC Act broadly prohibits “unfair or deceptive acts or practices in or affecting commerce.” ◦ Deception: a material representation or omission that is

likely to mislead consumers acting reasonably under the circumstances

◦ Unfairness: a practice that causes or is likely to cause substantial injury to consumers that is not outweighed by countervailing benefits to consumers or competition and is not reasonably avoidable by consumers

Flexible law that can be applied to many different situations, entities, and technologies

GMR

Accretive

Cbr Systems

AcneApp/AcnePwner

Tell the truth about what your app can do. Disclose key information clearly and

conspicuously. Build privacy considerations in from the start. Be transparent about your data practices. Offer easy to find and easy to use choices. Honor your privacy promises. Protect kids’ privacy. Collect sensitive information (like health info)

only with consent. Keep user data secure.

FTC Business Center (business.ftc.gov)

Marketing your Mobile App

Mobile App Developers: Start with Security

Complying with the FTC’s Health Breach Notification Rule