Mobile Tracking Service Provider Settles Privacy Policy Violation Claims

Nomi Technologies ("Nomi") provides brick-and-mortar retail outlets with a means to track consumers' mobile devices as they move in and around their respective stores. This data can be used by retailers to gain insight into certain consumer behavior and associated commercial interactions. Nomi has recently agreed to settle Federal Trade Commission ("FTC") charges that it misled consumers with regard to certain provisions of its privacy policy that promised consumers that they would be able to opt-out of the consumer tracking activity that Nomi facilitates.

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In particular, Nomi's privacy policy contained provisions assuring consumers that they would have the opportunity to successfully complete a mobile tracking opt-out at either the Nomi website or at the retail outlet(s) themselves. Relatedly, the Nomi privacy policy suggests that consumers would receive