The Federal Trade Commission filed a lawsuit on August 29, 2022, against data broker Kochava Inc., alleging that the company’s sale of precise geolocation data is an unfair act or practice that violates Section 5 of the FTC Act. The case follows an FTC blog post warning that the agency would be vigilant in protecting consumers’ location and health information in the wake of Dobbs v. Jackson Women’s Health Organization, 142 S. Ct. 2228 (2022), and reflects the heightened scrutiny the FTC is bringing to bear on precise location data following the Dobbs decision.

Particularly for businesses that sell or share precise location data, the case suggests the importance of implementing safeguards on individuals who may have access to such data, especially if it could be used to infer that an individual had visited “sensitive” locations.

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Photo of Meredith Halama Meredith Halama

Meredith Halama serves as an authority on online and mobile advertising practices.

Photo of Janis Kestenbaum Janis Kestenbaum

Janis Kestenbaum is a partner in the Privacy & Security practice and Advertising, Marketing & Promotions industry group. Janis represents companies under investigation by the Federal Trade Commission (FTC), state attorneys general, congressional committees, and foreign data protection authorities regarding privacy, data security…

Janis Kestenbaum is a partner in the Privacy & Security practice and Advertising, Marketing & Promotions industry group. Janis represents companies under investigation by the Federal Trade Commission (FTC), state attorneys general, congressional committees, and foreign data protection authorities regarding privacy, data security, and consumer protection issues.

Photo of Rebecca Engrav Rebecca Engrav

Rebecca Engrav litigates disputes for technology companies regarding online advertising, privacy and data security, user-generated content and intellectual property.

Photo of Calvin Cohen Calvin Cohen

Calvin Cohen counsels clients on compliance with privacy laws and regulations, and represents clients in privacy-related regulatory enforcement actions and litigation matters.