The Federal Trade Commission on March 2, 2023, announced a proposed complaint and proposed consent order with BetterHelp, Inc., an online counseling platform that allegedly disclosed consumer health data to third-party advertising platforms. The settlement requires payment of $7.8 million to be used for consumer refunds—the first time an FTC action has required the return of funds to consumers whose health data was allegedly compromised.

The BetterHelp case comes just weeks after the FTC’s enforcement action against GoodRx, which was also alleged to have made unauthorized disclosure of consumer health data to third-party advertising platforms. Together, the two cases demonstrate the significant attention the FTC is paying to consumer health privacy issues.

This Update discusses the BetterHelp case and its implications for further FTC scrutiny.

Click here to read the full Update.