Skip to main content

Nixon Peabody LLP

  • People
  • Capabilities
  • Insights
  • About
Trending Topics
    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    Practices

    View All

    • Affordable Housing
    • Community Development Finance
    • Corporate & Finance
    • Cybersecurity & Privacy
    • Entertainment & Media
    • Environmental
    • Franchising & Distribution
    • Government Investigations & White Collar Defense
    • Healthcare
    • Intellectual Property
    • International Services
    • Labor, Employment, and Benefits
    • Litigation
    • Private Wealth & Advisory
    • Project Finance
    • Public Finance
    • Real Estate
    • Regulatory & Government Relations
    Industries

    View All

    • Aviation
    • Cannabis
    • Consumer
    • Energy
    • Financial Services
    • Healthcare
    • Higher Education
    • Infrastructure
    • Manufacturing
    • Nonprofit Organizations
    • Real Estate
    • Sports & Stadiums
    • Technology
    Value-Added Services

    View All

    • Alternative Fee Arrangements

      Developing innovative pricing structures and alternative fee agreement models that deliver additional value for our clients.

    • Continuing Education

      Advancing professional knowledge and offering credits for attorneys, staff and other professionals.

    • Crisis Advisory

      Helping clients respond correctly when a crisis occurs.

    • DEI Strategic Services

      Providing our clients with legal, strategic, and practical advice to make transformational changes in their organizations.

    • eDiscovery

      Leveraging law and technology to deliver sound solutions.

    • Environmental, Social, and Governance (ESG)

      We help clients create positive return on investments in people, products, and the planet.

    • Global Services

      Delivering seamless service through partnerships across the globe.

    • Innovation

      Leveraging leading-edge technology to guide change and create seamless, collaborative experiences for clients and attorneys.

    • IPED

      Industry-leading conferences focused on affordable housing, tax credits, and more.

    • Legal Project Management

      Providing actionable information to support strategic decision-making.

    • Legally Green

      Teaming with clients to advance sustainable projects, mitigate the effects of climate change, and protect our planet.

    • Nixon Peabody Trust Company

      Offering a range of investment management and fiduciary services.

    • NP Capital Connector

      Bringing together companies and investors for tomorrow’s new deals.

    • NP Second Opinion

      Offering fresh insights on cases that are delayed, over budget, or off-target from the desired resolution.

    • NP Trial

      Courtroom-ready lawyers who can resolve disputes early on clients’ terms or prevail at trial before a judge or jury.

    • Social Impact

      Creating positive impact in our communities through increasing equity, access, and opportunity.

    • Women in Dealmaking

      We provide strategic counsel on complex corporate transactions and unite dynamic women in the dealmaking arena.

    1. Home
    2. Insights
    3. Articles
    4. FTC settles first of its kind stalker app case

      Articles

    Article

    FTC settles first of its kind stalker app case

    Oct 31, 2019

    LinkedInX (Twitter)EmailCopy URL

    By Jenny Holmes and Martha Medina

    On October 22, 2019, the Federal Trade Commission (“FTC”) settled its case against a Florida company, Retina-X Studios, LLC and its owner, James N. Johns, Jr. (“Johns”). The company sold “stalkerware” that allowed people to tap into others’ phones and track their calls, texts, photos, physical movements, and browser history.

    On October 22, 2019, the Federal Trade Commission ("FTC") settled its case against a Florida company, Retina-X Studios, LLC and its owner, James N. Johns, Jr. ("Johns"). The company sold "stalkerware" that allowed people to tap into others' phones and track their calls, texts, photos, physical movements, and browser history.

    According to the FTC's complaint, Retina-X failed to ensure that its three applications ("apps") were being properly used by those who purchased them.  The three apps – MobileSpy, PhoneSheriff, and TeenShield – were all marketed as apps that would allow the "purchaser to monitor, often surreptitiously, another person's activities on that person's mobile device or computer." For example, TeenShield was marketed as an app that would help parents monitor their children's activities.

    The apps would allow the user to delete the apps' icons from the phone's home screen, allowing them to run in the background and preventing the phone's owner from knowing that his/her movements were being monitored. Additionally, installing the app software often required the user to "jailbreak" or "root" their phones – an action that would allow users to circumvent the operating system's security features and would likely invalidate the manufacturer's warranty. Once the app is installed, a purchaser could remotely monitor the owner's phone activity without having physical access to it.

    All three apps claimed to keep its users' private information confidential. In reality, however, Retina-X failed to secure users' personal information and exposed their information to disclosure and improper use. In fact, in 2017 and in 2018, hackers were able to access unencrypted credentials on the TeenShield and PhoneSheriff apps. The hackers collected photos and other sensitive consumer data, including passwords, text messages, and GPS locations. According to the FTC, Retina-X's failure to properly secure this information when it claimed to protect users' personal information constituted an unfair or deceptive act in violation of the FTC Act, as well as the Children's Privacy Protection Rule.

    Pursuant to the settlement agreement, Retina-X is now banned from selling monitoring products that require purchasers to bypass security protections on their devices. Retina-X and Johns must also require purchasers to state that they will only use the app to monitor a child or an employee, or another adult who has provided written consent. Additionally, the icon with the name of the app cannot be removed unless it is done by a parent or legal guardian who has installed the app on their minor child's phone.

    Retina-X and Johns will be required to destroy all data that has already been collected from their monitoring services. The settlement also required Retina-X and Johns to establish and maintain a comprehensive information security program that protects the information they collect and addresses the security issues identified in the FTC's complaint.

    Practices

    Cybersecurity & Privacy
    The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.

    Subscribe to stay informed of the latest legal news, alerts, and business trends.Subscribe

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    • Cookie Preferences
    • Privacy Policy
    • Terms of Use
    • Accessibility Statement
    • Statement of Client Rights
    • Purchase Order Terms & Conditions
    • Nixon Peabody International LLC
    • PAL
    © 2025 Nixon Peabody. All rights reserved