According to allegations by the FTC the “Brightest Flashlight Free” app which has been downloaded by tens of millions of times by users of the Android operating system, transmitted users’ precise location and unique device identifier to third parties, including advertising networks. In addition, even though the app presented users with the option to not share their information, it was shared automatically no matter what option the user chose.
The settlement with the FTC
- prohibits the defendants from misrepresenting how consumers’ information is collected and shared and how much control consumers have over the way their information is used.
- requires the defendants to provide a just-in-time disclosure that fully informs consumers when, how, and why their geolocation information is being collected, used and shared, and requires defendants to obtain consumers’ affirmative express consent before doing so.