FTC Denies Stalkerware CEO’s Attempt to Evade Consent Decree, Citing to EPIC Comments

On December 8, the Federal Trade Commission (FTC) denied the petition of Scott Zuckerman, CEO of the stalkerware app SpyFone, who sought to vacate or reduce his obligations under a 2021 FTC consent decree. Under that consent decree, Zuckerman is banned from offering any monitoring products and services and is required to implement information security programs across his businesses. In denying Zuckerman’s petition, the FTC refused to dilute the consent decree’s power to deter bad behavior and continued to set the example for industry standard minimum cybersecurity practices.

Through SpyFone, Zuckerman sold surveillance tools that would allow purchasers to install software on another person’s device and surveil their victim surreptitiously. SpyFone also lied about its data security and breach response practices. To settle these allegations, Zuckerman entered into a consent decree agreeing that, among other things, he would permanently refrain from selling, licensing, or marketing monitoring products in the future. EPIC applauded the FTC when it announced the consent decree. In 2025, Zuckerman filed a petition to wriggle out of his obligations. EPIC, along with several other civil society organizations, filed opposition to Zuckerman’s 2025 petition.

EPIC’s comments argued that modifying this particular consent decree would undermine the FTC’s role as an enforcer and embolden other purveyors of stalkerware. The comments further pointed out that the agency did important work issuing this consent decree because stalkerware and other forms of surreptitious surveillance present uniquely potent threats to consumers. The Electronic Frontier Foundation and the National Network to End Domestic Violence (NNEDV) Safety Net Project also filed comments in opposition to Zuckerman’s petition.

In its Order denying Zuckerman’s petition, the FTC cited EPIC’s comments, noting that Zuckerman voluntarily agreed to the consent decree with full knowledge of its requirements. The order also quoted NNEDV’s comments when discussing the level of burden imposed on Zuckerman.

EPIC advocates for laws, regulations, and policies that safeguard user privacy and protect users from technology-facilitated abuse and harassment, including actions against stalkerware developers. EPIC regularly files comments in response to proposed FTC consent orders. EPIC has also participated in amicus briefs addressing the consumer harms that result from deficient cybersecurity practices and recently published a report on government phone-based surveillance through use of spyware.