Smart TV manufacturer Vizio tracked data on 11 million of its
customers TVs without their knowledge or consent, the Federal Trade
Commission announced this week.
The Irvine, Calif.-based company agreed on Monday to pay $2.2 million
to settle charges that it collected scores of its customers’ data.
While the company tracked what programs users watched it also tracked
information corresponding to customers’ sex, age, income, marital
status, household size, education level, home ownership and household
value.
According to a complaint
filed by the agency
in the U.S. District Court for the District of New Jersey on Monday,
Vizio tracked users through proprietary automated content recognition
(ACR) software made by a subsidiary, Inscape Services. While that
software has been turned on by default since 2014 on most of Vizio’s
televisions, the FTC alleges that in some instances the company remotely
installed it on any previously sold televisions that didn’t have the
software.
The software feeds Vizio a “second-by-second” transmission on what
its consumers watch, regardless of whether its on cable, on demand, a
streaming device like Google’s Chromecast or Amazon’s Fire Stick, or
even a DVD. According to the complaint, the software has quite the reach
and is able to capture “up to 100 billion data points each day from
more than 10 million VIZIO televisions.”
In addition to household demographics, the software also siphoned up
technical details such as the home’s IP address, wired and wireless MAC
addresses, how strong the home’s WiFi was, and even any nearby WiFi
networks,
the complaint (.PDF) reads.
The complaint alleges the company sold this information to third
party companies who first used it to analyze the effectiveness of
advertising, and then used it in targeted advertising.
“Defendants provide these third parties with IP
addresses, so that the third parties can analyze a household’s behavior
across devices, in order to determine, for example, (a) whether a
consumer has visited a particular website following a television
advertisement related to that website, or (b) whether a consumer has
viewed a particular television program following exposure to an online
advertisement for that program. The data is used in the aggregate to
evaluate the effectiveness of advertising campaigns,” the complaint
reads.
The company failed to provide users with any notice their viewing
habits were being tracked. It wasn’t until March 2016 – in the midst of
investigations against the company – that Vizio sent users a quick
pop-up notification on their television notifying them their viewing
data was being collected.
“This notification timed out after 30 seconds without
input from the household member who happened to be viewing the screen at
the time, and did not provide easy access to the settings menu,” the
complaint reads.
Going forward the company is being asked to disclose and obtain
consent for any information it collects in the future, maintain
transparency when it comes to what its doing with its customers’
information, and to develop a data privacy program subject to assessment
every two years.
As part of the settlement Vizio is also being asked to erase any data
it may have collected before March 1, 2016. Of the $2.2 million paid to
settle the matter, $1.5 million will go to the FTC, another $1 million
to the New Jersey Division of Consumer Affairs, with $300,000 of that
amount suspended.
Vizio, for its part, issued
a press release
shortly after the settlement was announced on Monday saying it was
“pleased to reach this resolution” and that it set a “new standard for
best industry practices,” At the same time the also company took a
moment to clarify exactly what kind of customer information its ACR
program gathered.
According to Jerry Huang, Vizio’s General Counsel, the program didn’t
pair viewing data with personally identifiable information; instead, as
the complaint specifies, it was used “in the ‘aggregate’ to create
summary reports.”
“VIZIO is pleased to reach this resolution with the FTC
and the New Jersey Division of Consumer Affairs. Going forward, this
resolution sets a new standard for best industry privacy practices for
the collection and analysis of data collected from today’s
internet-connected televisions and other home devices,” stated Jerry
Huang, VIZIO General Counsel. “The ACR program never paired viewing data
with personally identifiable information such as name or contact
information, and the Commission did not allege or contend otherwise.
Instead, as the Complaint notes, the practices challenged by the
government related only to the use of viewing data in the ‘aggregate’ to
create summary reports measuring viewing audiences or behaviors.”
“Today, the FTC has made clear that all smart TV makers should get
people’s consent before collecting and sharing television viewing
information and VIZIO now is leading the way,” concluded Huang.
In the FTC’s eyes, Vizio’s statement runs counter to a securities
filing previously filed by the company. In the filing, Vizio claims its
data analytics program “provides highly specific viewing behavior data
on a massive scale with great accuracy, which can be used to generate
intelligent insights for advertisers and media content providers.”
The FTC’s Acting Chairman Maureen K. Ohlhausen said Monday that
Vizio’s practices, specifically how it failed to disclose the fact it
was tracking users, were unfair and deceptive.
“Evidence shows that consumers do not expect televisions to collect
and share information about what they watch. Consumers who are aware of
such practices may choose a different television or change the
television’s settings to reflect their preferences,”
Ohlhausen wrote. (.PDF) ”
The FTC filed a complaint against another major technology company, D-Link,
earlier this year.
In that complaint, the agency alleged the router manufacturer failed to
adequately secure its wireless routers and IP cameras, something that
could have potentially put its customers’ data at risk of compromise.