Facebook, Inc.

Text (OCR of the scan at left; may contain errors)

IN THE MATTER OF FACEBOOK, INC.

Docket No. C-4365. Order, April 27, 2020 Order reopening and modifying the Commission’s July 27, 2012 Decision and Order because it is necessary to enter the new administrative order to which Facebook consented in the settlement. ORDER MODIFYING PRIOR DECISION AND ORDER The Federal Trade Commission (“Commission”) issued a Decision and Order against Facebook, Inc. (“Facebook) in Docket C-4365 on July 27, 2012 (“2012 order”).1 On July 24, 2019, the United States of America, acting upon notification and authorization to the Attorney General by the Commission, filed a complaint (“2019 complaint”) in federal district court alleging that Facebook violated the 2012 order in three ways: (1) by misrepresenting the extent to which users could control the privacy of their data and the steps they needed to take to implement such controls; (2) misrepresenting the information the Company made accessible to third parties; and (3) failing to establish, implement, and maintain a privacy program reasonably designed to address privacy risks. The complaint also alleged that Facebook violated Section 5 of the FTC Act by misrepresenting how it would use telephone numbers that users provided to enable a security feature.

On April 23, 2020, Judge Timothy J. Kelly in the District for the District of Columbia entered a Stipulated Order for Civil Penalty, Monetary Judgment, and Injunctive Relief (“Stipulated Order”) resolving the 2019 complaint. In Section II of the Stipulated Order, Facebook consented to: (1) reopening the 2012 proceeding in FTC Docket NO. C-4365; (2) waiving its rights under the show cause procedures set forth in Section 3.72(b) of the Commission’s Rules of Practice, 16 C.F.R. § 3.72(b); and (3) modifying the 2012 Order with the new Decision and Order set forth below.

In view of the foregoing, the Commission has determined that it is in the public interest to reopen the proceeding in Docket No. C-4365 pursuant to Commission Rule 3.72(b), 16 C.F.R. § 3.72(b), and to issue a new order as set forth below. Accordingly, IT IS ORDERED that this matter be, and it hereby is, reopened; and IT IS FURTHER ORDERED that, Facebook having consented to modifying the 2012 order as set forth below, the Commission hereby modifies the 2012 order with the attached Decision and Order.

By the Commission, Commissioners Chopra and Slaughter dissenting. 1 In the Matter of Facebook, C-4365, 2012 FTC LEXIS 135 (F.T.C. July 27, 2012). MARC CHING 677 Interlocutory Orders, Etc.