by Shoba Pillay, Madeleine V. Findley, Ann M. O’Leary, Anne Cortina Perry, Dawn L. Smalls, Alison Stein, and Philip B. Sailer
The Federal Trade Commission (FTC) recently filed a complaint against a data broker alleging that the collection and sale of precise location data significantly harms consumers, especially if the data contains information regarding travel to and from specific sensitive locations, such as reproductive healthcare clinics. The outcome of the case could have a substantial impact on the FTC’s authority to enforce consumer protection laws and will likely inform how companies handle consumer data to which they have access. The FTC’s complaint follows guidance the Biden administration issued to federal agencies, including the FTC, to take actions to protect consumers’ privacy in connection with reproductive healthcare services after the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization (“Dobbs”)[1]. The outcome of the case could have a substantial impact on the sale and collection of consumer location data and the FTC’s authority to enforce consumer privacy protections.