Gibson Dunn Discusses First FTC Case Against Tracking Apps

On October 22, 2019, the Federal Trade Commission announced the first-of-its-kind enforcement action and settlement against the developer and marketer of three tracking applications, Retina-X Studios, LLC and James N. Johns, Jr.  In this unprecedented action, the FTC alleged that Retina-X and Johns failed to take basic steps to protect sensitive personal data collected from their so-called “stalking” mobile applications, in violation of the Federal Trade Commission Act, 15 U.S.C. § 45(a) and the Children’s Online Privacy Protection Act (“COPPA”) Rule, 16 C.F.R. § 12.  The FTC’s action may presage further enforcement activity against firms and individuals providing technology that … Read more