Mobile Tracking Service Provider Settles Privacy Policy Violation Claims

Print Friendly, PDF & Email

April 27, 2015

privacy-policyNomi 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.

How Closely Must You Adhere to the Terms of Your Privacy Policy?

Businesses Must Follow their Privacy Policies

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 a notice when they were being tracked in and around a participating retail outlet.

Despite the assurances in the Nomi privacy policy, in reality, consumers did not receive notice of when they were being tracked, and did not have the ability to opt-out of being tracked at the applicable retail outlets. As reiterated in the FTC’s press release concerning this settlement, businesses must adhere to the terms of their privacy policies:

“It’s vital that companies keep their privacy promises to consumers when working with emerging technologies, just as it is in any other context,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “If you tell a consumer that they will have choices about their privacy, you should make sure all of those choices are actually available to them.”

Mobile and Website Privacy Policies Matter

The operators of mobile applications and websites are required, by law, to post privacy policies detailing the applicable app and/or site’s data collection, usage and sharing practices. In addition, various applicable rules and regulations require specific items, terms and disclosures to be included in each privacy policy. All of the terms included in a privacy policy must be strictly complied with by the business that publishes the subject privacy policy.

Failure to include the requisite disclosures in mobile/website privacy policies, and failure to adhere to the terms included in such privacy policies, could expose businesses to liability, including regulatory action and private litigation. Therefore, it is essential that any business that has a website and/or mobile application obtain the advice of qualified counsel, well-versed in emerging privacy law, to ensure that its operations and policies are compliant with applicable law.

The ongoing evolution of online and mobile privacy law warrants continued attention from Internet attorneys, technology attorneys and those interested in consumer privacy in general. If you are interested in learning more about this topic, or preparing an online or mobile privacy policy for your business, please e-mail us at or call us at (212) 246-0900.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney.  Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.

Attorney Advertising

Similar blog posts:

Privacy Policies for Websites and Mobile Applications

FTC Reminds WhatsApp that It Must Stand by Privacy Policy Promises after Facebook Acquisition

FTC Issues Report and Guidelines for Mobile Shopping App Developers and Consumers

David O. Klein

David O. Klein

David Klein is one of the most recognized attorneys in the telemarketing, technology, Internet marketing, sweepstakes and telecommunications fields. Skilled at counseling clients on a broad range of technology-related matters, David Klein has substantial experience in negotiating and drafting complex licensing, marketing and Internet agreements.

Schedule a Call
In The Know

Trending Topics

Creating a Viral and Legally Compliant "Pin to Win" Contest- Klein Moynihan Turco

Creating a Viral (And Legally Compliant) “Pin to Win” Contest

Print Friendly, PDF & Email

We have frequently written about the marketing benefits associated with the use of promotional contests and sweepstakes.  Promotional contests and sweepstakes often appear on social media platforms, which provide companies with a free and effective means to increase the number of consumers participating in their respective contests. While companies must

Facebook Decision defines a TCPA Autodialer- Klein Moynihan Turco LLP

Facebook Aftermath: Courts Clarify Definition of TCPA Autodialer

Print Friendly, PDF & Email

On April 1st, the U.S. Supreme Court released its opinion in Facebook, Inc. v. Duguid, marking a newly clarified definition of “autodialer” within the meaning of the Telephone Consumer Protection Act (“TCPA”). In the two weeks that followed, two federal courts have directly addressed the definition of TCPA autodialer as

Critical Role that TCPA Plays in Outbound Telemarketing- KMT

The Critical Role that the TCPA Plays in Outbound Telemarketing

Print Friendly, PDF & Email

If you’re running any sort of outbound telemarketing campaign – phone calls, voicemail drops, or text messaging – you need to understand the Telephone Consumer Protection Act (TCPA) and its enabling regulations. Call center operators are not the only businesses that employ outbound telemarketing to reach out to consumers. Using

How to Use Promotional Marketing the Legal Way: Klein Moynihan Turco LLP

How To Use Promotional Marketing The Legal Way

Print Friendly, PDF & Email

The use of promotional contests, games and sweepstakes marketing can be a dynamic and cost-effective way to increase sales, build a database of interested consumers and otherwise increase brand awareness and buzz. Consumers are more easily attracted to your marketing message by the opportunity to win prizes than with more

Share on facebook
Share on google
Share on twitter
Share on linkedin