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ARTICLE · 15 MARCH 2023

FTC Enforcement Against Sharing Consumer Health Information Continues

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On March 2, 2023, the Federal Trade Commission ("FTC") announced an enforcement action against California-based online counseling service BetterHelp, Inc.

United StatesConsumer Protection
Jodi G. Daniel
Jodi G. Daniel
Savanna Williams
Savanna Williams
Brandon C. Ge
Brandon C. Ge

On March 2, 2023, the Federal Trade Commission ("FTC") announced an enforcement action against California-based online counseling service BetterHelp, Inc. ("BetterHelp") for allegedly sharing consumers' health information, including sensitive information about mental health challenges, for advertising purposes in violation of Section 5 of the FTC Act.

This latest enforcement action comes just one month after the FTC announced an enforcement action against GoodRx for allegedly violating Section 5 of the FTC Act and the Health Breach Notification Rule ("HBNR"). Where the GoodRx enforcement action marked the first time the FTC enforced the HBNR, the BetterHelp enforcement action similarly sets a new precedent for the FTC: This is the first FTC enforcement action returning funds to consumers whose health information was compromised by BetterHelp's alleged misdeeds. The proposed order ("Proposed Order") also sets out extensive requirements to prohibit BetterHelp from

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