Welcome to the January/February 2023 newsletter prepared by
Arnold & Porter's AdTech and Digital Media group. This
newsletter includes regulatory and case law developments relevant
to the AdTech and Digital Media industries, and the state of
venture activity in the AdTech and MarTech industries.
FTC Developments
FTC Uses Multiple Enforcement Tools Against GoodRx. On February
1, 2023, the Federal Trade Commission (FTC) filed its first
complaint under the agency's Health Breach Notification Rule (HBNR), which
was promulgated more than a decade ago pursuant to the Health
Information Technology for Economic and Clinical Health Act (HITECH
Act), as well as Section 5 of the FTC Act, which prohibits
deceptive and unfair conduct that harms consumers. According to the
FTC, GoodRx, which operates a digital health platform offering
health services such as telehealth visits and prescription drug
discounts, shared individually identifiable health information of
patients without