Android Flashlight app developer settles FTC charges it deceived consumers. |
From the Federal Trade
Commission: 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.
Goldenshores Technologies, LLC, managed by
Erik M. Geidl, is the company behind the “Brightest Flashlight Free” app, which
has been downloaded tens of millions of times by users of the Android operating
system. The FTC’s complaint alleges that the company’s privacy policy
deceptively failed to disclose that the app transmitted users’ precise location
and unique device identifier to third parties, including advertising networks.
In addition, the complaint alleges that the company deceived consumers by presenting
them with an option to not share their information, even though it was shared
automatically rendering the option meaningless.
“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.”
In its complaint, the FTC alleges that
Goldenshores’ privacy policy told consumers that any information collected by
the Brightest Flashlight app would be used by the company, and listed some
categories of information that it might collect. The policy, however, did not
mention that the information would also be sent to third parties, such as
advertising networks.
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 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.
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