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SettlementHigh RiskMultistate

FTC and States Settle with Lenovo for $3.5M Over Pre-installed Ad Software Security Flaw

Lenovo Inc.September 5, 2017New Jersey Attorney General

Penalty Amount

$3,500,000

Summary

New Jersey joined 31 other states and the FTC in a $3.5 million settlement with Lenovo for pre-installing VisualDiscovery ad software on laptops that created a 'man-in-the-middle' security vulnerability, intercepting users' encrypted data without adequate disclosure or opt-out mechanisms. The settlement requires Lenovo to improve transparency, obtain affirmative consent, provide effective opt-out tools, and implement a long-term security compliance program with independent audits.

Remedy

Lenovo must pay $3.5 million total to the states, change disclosures about pre-installed advertising software, obtain a consumer's affirmative consent before enabling such software, provide a reasonable and effective means to opt-out, disable, or remove it, and implement and maintain a software security compliance program with initial and biennial third-party assessments for 20 years.

Monetary PenaltyConsent DecreeAudit RequirementCompliance ProgramCorrective Notice

Contract Impact

In-house legal teams should review vendor agreements with software providers (e.g., Superfish) for data sharing and security representations, customer end-user license agreements (EULAs) and terms of service for pre-installed software disclosures and consent mechanisms, and any data processing agreements. Specific clauses to scrutinize include those governing pre-installation of third-party software, data interception and security representations, consumer consent and opt-out procedures, and audit rights. Changes may be needed to mandate explicit, affirmative consent before enabling such software, require clear and accessible opt-out tools, implement mandatory security audits and compliance programs, and enhance transparency about pre-installed applications and associated risks.

Contract Search Terms

pre-installed software disclosureaffirmative consent requirementopt-out mechanismman-in-the-middle vulnerabilitysecurity compliance programindependent security auditsdata interception clauseadvertising software policy

Laws Cited

State consumer protection laws

Violation Types

Entity Details

Entity

Lenovo Inc.

Also known as: Lenovo

Industry

Technology

Multistate Coalition

Official Sources

Source Evidence

Entity Name
"settlement with Lenovo Inc."
Fine Amount
"$3.5 million settlement"
Laws Cited
"violated state consumer protection laws"
Violation Types
"VisualDiscovery operated by acting as a local proxy, or "man in the middle," that stood between the consumer's browser and all Internet web sites that the user visited, including encrypted sites. This technique allowed the software to see all of a user's sensitive personal information that was transmitted on the Internet. Consumer information– including sensitive communications with encrypted Web sites– would be collected and transmitted to Superfish."
Violation Types
"Lenovo's failure to disclose the presence of VisualDiscovery on its computers, its failure to warn consumers that the software created a security vulnerability and its inadequate opt-out procedure violated state consumer protection laws."

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