Nomi Technologies has reached a settlement with the U.S. Federal Trade Commission (FTC) on charges that it misled consumers by promising it would provide an in-store mechanism to opt out of in-store tracking and that consumers would be notified in spaces that are using Nomi’s technology. The FTC alleges that in 2012, Nomi’s privacy policy stated it would provide a means for in-store notification and an opt-out mechanism, when it actually did not provide such solutions. FTC Bureau of Consumer Protection Director Jessica Rich said, “It’s vital that companies keep their privacy promises to consumers when working with emerging technologies, just as it is in any other context … If you tell a consumer that they will have choices about their privacy, you should make sure all of those choices are actually available to them.” FTC Commissioners Maureen Ohlhausen and Joshua Wright have issued dissenting statements.
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