4 - What action does the organization behind the app take if a sponsor publicly misrepresents the data or, more likely, its meaning? If the organization would take action, does it take the same action if the statement is merely misleading, rather than factually incorrect?
I imagined similar actions as the Free Software Foundation takes when a company violates the GPL: basically a lawsuit and press release warning people. For template studies, ideally what claims can be made would be specified by the template (ie “Our users lost XY more pounds over Z time”.)
One option is simply to report it to the Federal Trade Commission for investigation, along with a negative publicity statement. That externalizes the cost.
If you would like assistance drafting the agreements, I am a lawyer and would be happy to help. I have deep knowledge about technology businesses, intellectual property licensing, and contracting, mid-level knowledge about data privacy, light knowledge about HIPAA, and no knowledge about medical testing or these types of protocols. I’m also more than fully employed, so you’d have the constraint of taking the time I could afford to donate.
FTC is so much better than lawsuit. I don’t know a single advertiser that isn’t afraid of the FTC. It looks like enforcement is tied to complaint numbers, so the press release should include information about how to personally complain (and go out to a mailing list as well).
I would love assistance with the agreements. It sounds like you would be more suited to the Business <> Non-Profit agreements than the Participant <> Business agreements. How do I maximize the value of your contribution? Are you more suited to the high-level term sheet, or the final wording?
I imagined similar actions as the Free Software Foundation takes when a company violates the GPL: basically a lawsuit and press release warning people. For template studies, ideally what claims can be made would be specified by the template (ie “Our users lost XY more pounds over Z time”.)
One option is simply to report it to the Federal Trade Commission for investigation, along with a negative publicity statement. That externalizes the cost.
If you would like assistance drafting the agreements, I am a lawyer and would be happy to help. I have deep knowledge about technology businesses, intellectual property licensing, and contracting, mid-level knowledge about data privacy, light knowledge about HIPAA, and no knowledge about medical testing or these types of protocols. I’m also more than fully employed, so you’d have the constraint of taking the time I could afford to donate.
Max L.
FTC is so much better than lawsuit. I don’t know a single advertiser that isn’t afraid of the FTC. It looks like enforcement is tied to complaint numbers, so the press release should include information about how to personally complain (and go out to a mailing list as well).
I would love assistance with the agreements. It sounds like you would be more suited to the Business <> Non-Profit agreements than the Participant <> Business agreements. How do I maximize the value of your contribution? Are you more suited to the high-level term sheet, or the final wording?