Sears has requested that the Federal Trade Commission modify its 2009 consent order to allow the company to collect certain data from its mobile applications without prominent disclosure and affirmative consent. Although CFA does not oppose modifying the 2009 order, we ask the FTC to clarify the exception that Sears requests to more closely align with other FTC orders and policy guidance. Specifically, we ask the Commission to limit the language of Sears’s third requested exception to the definition of “Tracking Application” to apply only to instances in which information to be obtained is reasonably expected and necessary to perform a service or transaction the consumer has requested. Limiting the language would better align with reasonable consumer expectations.

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