FTC Alleges Face Scanning App Developer Deceived Users

Everalbum “deceived consumers” about face scanning technology and retention of user photos and videos, the FTC alleged in a 5-0 settlement with the photo app developer, which the agency called a first-of-its-kind enforcement action. The developer enabled face scanning by default for all mobile app users when it launched a 2017 feature and misled users from 2018-19 about consent, feature activation and turning it off, the FTC alleged. The company allegedly failed to delete photos and videos from deactivated accounts when it promised to remove the content. The company faces a $43,280 fine per future violation and is required to delete content from deactivated accounts. The agency should “take further steps to trigger penalties, damages, and other relief for facial recognition and data protection abuses,” said Commissioner Rohit Chopra. He suggested the commission could issue a rule under Section 18 of the FTC Act to better seek first-offense penalties. He noted users in Illinois, Texas and Washington were “treated with greater care, due to state protections on facial recognition.”