Jenner & Block

Client Alert: What's in Store? FTC Demands Accurate Privacy Promises From Retail Analytics

On April 23, 2015, the Federal Trade Commission entered into its first consent decree with an in-store consumer tracking company over allegations that the company deceptively failed to provide consumers with notice and choice regarding its tracking at client retailers.  According to the FTC’s complaint, Nomi Technologies, Inc. (Nomi) uses both its own sensors and its retail clients’ Wi-Fi access points to collect information about unique mobile devices. Businesses are advised to assure they have appropriate privacy protections in place by authors Mary Ellen Callahan and Sabrina N. Guenther.