Privacy & Information Security Law Blog

In November 2024, the Federal Trade Commission released a staff perspective paper titled “Smart Device Makers’ Failure to Provide Updates May Leave You Smarting” (the “Perspective”). The Perspective reflects on the findings from a survey wherein the FTC looked for information about how long companies would provide software updates for 184 smart products. The FTC found that nearly 89% of the manufacturers’ websites for these products did not disclose how long the products would receive software updates. According to the FTC, if the manufacturer stops providing software updates, these products may lose their “smart” functionality, become insecure or stop working.

The Perspective notes that manufacturers’ failure to inform prospective purchasers about the duration of software updates for products sold with written warranties could violate the Magnuson Moss Warranty Act, which requires that written warranties on consumer products costing more than $15 be made available to prospective buyers prior to sale. The Prospective also alleges that failing to provide software update information to consumers could violate the FTC Act if manufacturers make express or implied representations about how long the product is useable.