The Federal Trade Commission has settled its case against data broker Kochava and its subsidiary Collective Data Solutions. The terms are blunt: no more selling, licensing or sharing sensitive location data without explicit consumer consent.
The settlement defines "sensitive" locations as medical facilities, religious organisations, schools, childcare centres, homeless shelters, domestic violence shelters and military sites. Kochava was tracking millions of mobile devices visiting these locations and selling that data to advertisers.
The original complaint was filed in 2022. It alleged Kochava sold geolocation data that could identify individuals visiting reproductive health clinics. Four years later, the settlement imposes a privacy block on all sensitive location categories for at least two years, requires Kochava to build a comprehensive list of sensitive locations, run supplier assessments to confirm consent, file incident reports when third parties breach contractual requirements and allow consumers to request disclosure of where their data was sold.
An estimated 30% of all location data sold by brokers in 2025 was tied to sensitive locations, according to privacy researchers
Why it matters
This is not just a Kochava problem. The settlement establishes a template that the FTC can apply to any data broker in the location intelligence supply chain. If your media buying relies on location-based audience segments, the data behind those segments is now under regulatory scrutiny.
For Australian marketers, the implications are indirect but real. US regulatory precedent shapes platform behaviour globally. Google, Meta and programmatic DSPs all source location data from third-party brokers. When those brokers face consent requirements, the downstream targeting options shrink.
The Australian Privacy Act review is heading in the same direction. The Attorney-General's department has flagged location data as a priority area for reform. What the FTC just did to Kochava is a preview of where Australian regulation is heading.
