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GoodRx Response to FTC Settlement

Written by GoodRx
Published on February 1, 2023

At GoodRx, protecting our users’ privacy is one of our most important priorities. We are thoughtful and disciplined about what information we gather and how and why we use it.

The settlement with the FTC focuses on an old issue that was proactively addressed almost three years ago, before the FTC inquiry began.

We do not agree with the FTC’s allegations and we admit no wrongdoing. Entering into the settlement allows us to avoid the time and expense of protracted litigation. We believe that the requirements detailed in the settlement will have no material impact on our business or on our current or future operations.

In fact, almost three years ago, before the FTC reached out to us, we proactively made updates consistent with our commitment to being at the forefront of safeguarding users’ privacy. While we had used vendor technologies to advertise in a way that we believe was compliant with all applicable regulations and that remains common practice among many health, consumer and government websites, we are proud that we took action to be an industry leader on privacy practices. We are glad to put this matter behind us so we can continue focusing on being a trusted source for Americans to find affordable and convenient healthcare.

Some key points to know:

  • We proactively addressed the issue the FTC focuses on almost three years ago, before their inquiry began. In 2020, we proactively made updates consistent with our commitment to being at the forefront of protecting users’ privacy. At that time, we also added a number of new, industry-leading ways for consumers to protect their privacy, including an option to request the deletion of personal data. Given that the settlement won’t require any significant changes in our current practices or products, we decided it was best to put this matter behind us.

  • Advertising tracking pixels remain a common technology. The FTC complaint revolved around our inclusion of a Facebook Javascript tracking pixel, which is widely used by many consumer, healthcare and government websites. We led the industry by removing the standard Facebook Javascript pixel almost three years ago. The Facebook pixel continues to be used by many websites on the Internet, including U.S. Government websites, insurance companies, hospitals and others.

  • We do not agree with the FTC’s allegations regarding the Health Breach Notification Rule (HBNR). We believe this is a novel application of the Health Breach Notification Rule by the FTC. We used Facebook tracking pixels to advertise in a way that we feel was compliant with regulations and that remains common practice for many websites. We do not agree with the assertion that this was a violation of the HBNR.

  • No medical records were shared. The information shared via the Facebook pixel was primarily IP addresses and web page URL information related to looking at content. Any sharing with vendors was done with confidentiality provisions in place and to our knowledge those vendors did not leak or otherwise re-share the information. No medical records were shared. The FTC also references a HIPAA issue. This refers to an old seal displayed on a telehealth website that we acquired in 2019. We removed the seal a few months after the acquisition as we worked on integrating this newly acquired business.

  • No material impact on our business. We believe that the requirements detailed in the settlement will have no material impact on our business nor on our current or future operations.

  • GoodRx is a leader on data privacy. Millions of Americans use GoodRx to save on their healthcare, and we take strong measures to ensure they can trust us with their information. In addition to having a privacy framework with a robust set of policies and procedures to safeguard our users’ data, we also offer all Americans the ability to opt out of certain pixels and cookies, to configure their cookies and tracking preferences, and to request the deletion of personal data. We will continue to regularly review our privacy policies and procedures and strictly regulate how information flows to our partners to make sure that our users’ privacy is protected.

Since GoodRx began, we have saved American consumers an estimated $45 billion in medical costs by bringing discounts directly to the people who need them. Our customers trust GoodRx to save them money, and they trust us with their health information every day. We’ve worked hard to earn that trust. Privacy and security are paramount to us and an essential part of how we conduct our business. If you have any questions about our privacy practices, we encourage you to review our Privacy Center and read our Privacy Policy: https://www.goodrx.com/about/privacy-policy.

We are glad to put this matter behind us so we can continue focusing on being a trusted source for Americans to find affordable and convenient healthcare.

You can view the full terms of the settlement here.

Forward-Looking Statements

This blog post contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. We intend such forward-looking statements to be covered by the safe harbor provisions for forward-looking statements contained in Section 27A of the Securities Act of 1933, as amended and Section 21E of the Securities Exchange Act of 1934, as amended. All statements contained in this blog post that do not relate to matters of historical fact should be considered forward-looking statements, including without limitation statements regarding the settlement between GoodRx and the FTC, GoodRx’s privacy program and impact of the settlement on GoodRx’s operations or business. These statements are neither promises nor guarantees, but involve known and unknown risks, uncertainties and other important factors that may cause our actual results, performance or achievements to be materially different from any future results, performance or achievements expressed or implied by the forward-looking statements, including, but not limited to, risks relating to changes in consumer sentiment or failure to comply with laws, rules or regulations regarding tracking technologies and other privacy matters; risks related to legal proceedings; and the other important factors discussed under the caption “Risk Factors” in GoodRx’s Annual Report on Form 10-K for the year ended December 31, 2021, GoodRx’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2022, and our other filings with the SEC. These factors could cause actual results to differ materially from those indicated by the forward-looking statements made in this blog post. Any such forward-looking statements represent management’s estimates as of the date of this blog post. While we may elect to update such forward-looking statements at some point in the future, we disclaim any obligation to do so, even if subsequent events cause our views to change.

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