4) Takeaways From FTC’s Orders Targeting Digital Health Companies

Two April 2024 orders against online mental health treatment providers demonstrate the FTC’s continued enforcement focus around treatment of sensitive health information. Cerebral, a celebrity-endorsed online mental health provider, and Monument, an online addiction treatment provider, were charged by the Commission with a host of careless privacy and advertising practices, including sharing protected data with social media platforms and search engines. This article, with insights from partners at Morrison Foerster, Davis Wright Tremaine and Kelley Drye, examined the details of the alleged violations and offered practical compliance lessons that can be gleaned from these cases.

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