The Advocate Magazine 2025 Number 48, Issue 1 | Page 19

Teletherapy Reform : A Comprehensive Approach to Regulatory Oversight for Consumer Protection

The rapid rise of teletherapy platforms has revolutionized access to mental health care , offering millions of individuals flexibility and convenience . This welcome growth , however , has exposed significant privacy and data security concerns , particularly regarding the handling of sensitive personal information . This article critically examines recent regulatory actions taken against leading three teletherapyproviders — BetterHelp , Cerebral , and Monument — highlighting the need for stronger , more effective oversight in the digital health sector .
My analysis of these case studies underscores ongoing vulnerabilities — including data breaches and misleading marketing practices — and evaluates the role of regulatory bodies such as the Federal Trade Commission ( FTC ) in addressing these issues . I advocate for a comprehensive regulatory framework that incorporates context-specific regulations , improved transparency , and long-term impact assessments to better protect consumers and hold digital health companies accountable . By prioritizing these reforms , we can chart a future where telethealth services balances accessibility with robust privacy protections , ensuring that users ’ sensitive data remains safeguarded .
Ezra N . S . Lockhart , PhD , MHlthSc ( DD ), LMFT , LAC , MAC , ACS , CDCS , ACAS , has a private practice in Denver , Easy Does It Counseling , and is currently the Ethics Committee chair of the Louisiana Association for Marriage & Family Therapy . An associate professor of Marriage and Family Therapy at the National University , Dr . Lockhart is also a Marriage and Family Therapist licensed in Alaska , Colorado , Hawaiʻi , and Louisiana . In addition , he is a Licensed Addiction Counselor in Colorado and a Master Addiction Counselor , NAADAC .
Correspondence concerning this article may be emailed to the author at ezra . lockhart @ easydoesitcounseling . com , who can also provide a longer version of this article .
PRIVACY IS JEOPARDIZED BY A ONE-SIZE-FITS-ALL APPROACH
As teletherapy companies handle sensitive health data — ranging from personal mental health histories to private conversations — issues related to data breaches , misuse of consumer information , and deceptive marketing practices have become alarmingly common . Recent regulatory actions against prominent teletherapy providers such as BetterHelp and Cerebral ( where I previously have been contracted ) as well as Monument have underscored the urgent need for stronger consumer protection measures .
While these actions , including significant fines and mandatory operational changes , represent important steps toward addressing privacy violations , they also highlight a significant gap in current regulatory approaches : the lack of context-specific responses to violations . Regulatory bodies often impose similar penalties or compliance requirements across a range of violations , but a one-size-fits-all approach may not be sufficient for addressing the diverse risks posed by different types of privacy infractions . For example , deceptive marketing practices — such as those seen in BetterHelp ’ s advertising — require different corrective measures than a data breach or unauthorized data sharing , as seen in the cases of Cerebral and Monument . Effective regulation must therefore be more tailored to the specific nature , severity , and impact of each violation to truly protect consumers and ensure long-term compliance .
By tailoring regulatory responses to the nature of the violation , regulators can more effectively address the diverse challenges posed by digital health platforms and enhance both consumer trust and corporate accountability . These reforms will not only improve the efficacy of enforcement actions , but also foster a regulatory environment where privacy and data security are prioritized at every level of digital health-service delivery .
THE PRIVACY CRISIS IN TELEHEALTH
The teletherapy boom has transformed mental health care , providing individuals with greater flexibility to seek treatment from the comfort of their homes . In a post-pandemic world , this shift has proven especially beneficial as more individuals turn to online platforms for mental health support , according to articles in a 2020 issue of International Journal of Medical Informatics , and a 2024 article in the International Medical Science Research Journal . However , the rapid
continued on page 20 The Advocate Magazine 2025 , Issue # 1 American Mental Health Counselors Association ( AMHCA ) www . amhca . org
19