Vizio-FTC Settlement Highlights Need for 'Thorough Consumer Disclosures,' Say Attorneys

Vizio's settlement with the FTC over allegations the smart TV maker collected viewing data on 11 million consumers without their consent or knowledge (see 1702060042 and 1702070024) "highlights the importance of providing thorough consumer disclosures," wrote Wiley Rein attorneys Megan Brown and Madi Lottenbach in a Tuesday blog post. They said it "remains unclear" to what extent consumers "reasonably expect" their demographics, location and viewing habits will be recorded and used by TV and streaming device makers, software developers and the advertising industry. The lawyers wrote that some consumers have IoT privacy and security concerns that could result in increased regulatory oversight. They cited acting FTC Chairman Maureen Ohlhausen's concurring statement in the settlement that it's the first time the commission has said viewing activity is "sensitive information" and the experts said further clarity may be needed about what causes "substantial injury."