E-commerce company fined $25 million for alleged COPPA violations

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On July 19, the DOJ and FTC announced that a global e-commerce tech company has agreed to pay a penalty for alleged privacy violations related to its smart voice assistant’s data collection and retention practices. The agencies sued the company at the end of May for violating the Children’s Online Privacy Protection Act Rule and the FTC Act, alleging it repeatedly assured users that they could delete collected voice recordings and geolocation information but actually held onto some of this information for years to improve its voice assistant’s algorithm, thus putting the data at risk of harm from unnecessary access. (Covered by InfoBytes here.)
 

The stipulated order requires the company to pay a $25 million civil money penalty. The order also imposes injunctive relief requiring the company to (i) identify and delete any inactive smart voice assistant children’s accounts unless requested to be retained by a parent; (ii) notify parents whose children have accounts about updates made to its data retention and deletion practices and controls; (iii) cease making misrepresentations about its “retention, access to or deletion of geolocation information or voice information, including children’s voice information” and delete this information upon request of the user or parent; and (iii) disclose its geolocation and voice information retention and deletion practices to consumers. The company must also implement a comprehensive privacy program specific to its use of users’ geolocation information.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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