FTC Poised To Ban Data Broker From Selling And Licensing Precise Geolocation Data

The FTC recently issued a proposed Decision and Order that, if finalized, will serve to settle the agency's claim that data broker InMarket Media LLC engaged in unfair and deceptive conduct by collecting consumers' location data and using it for advertising purposes. The Order comes just one week after the FTC entered a separate settlement with data broker Outlogic, also based on charges of unfair and deceptive practices involving location data. Notably, the proposed settlement includes the FTC's first-ever prohibition on selling or licensing precise location data. In addition, among other things, the Order requires InMarket to destroy all location data it previously collected without express consumer consent unless it obtains such consent or ensures the data has been deidentified or rendered non-sensitive.