News & Analysis as of September 14, 2024

Data Collection

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The Children's Online Privacy Protection Act is a United States federal statute enacted in 1998 to protect children's privacy by regulating what personal information may be collected from children's online activity. The law applies to commercial websites and online services directed at children under thirteen years of age and regulates how personal information may be collected, stored or used. less -

Children’s Data Update: From FTC and State Agency Enforcement to KOSA Advancing the Senate

Clark Hill PLC on 8/5/2024

On July 7, the FTC and the Los Angeles District Attorney’s Office filed a complaint in the United States District Court for the Central District of California against the developer of an anonymous messaging app (NGL Labs,...more

California Attorney General's Recent Enforcement of CCPA and COPPA

Venable LLP on 7/10/2024

On June 18, 2024, California Attorney General (AG) Rob Bonta announced a third CCPA enforcement settlement, this one with Tilting Point Media LLC. Tilting Point was allegedly using its mobile app game "SpongeBob: Krusty...more

California Regulators Settle With Kids Gaming App

Troutman Pepper on 7/2/2024

California Attorney General (AG) Rob Bonta and Los Angeles City Attorney Hyde Feldstein Soto recently settled a lawsuit with Tilting Point Media, LLC (Tilting Point) related to a SpongeBob Square Pants-themed app. In the...more

New York Legislature Passes a Pair of Bills to Protect Children's Privacy Online

Wilson Sonsini Goodrich & Rosati on 6/19/2024

On June 7, 2023, the New York legislature passed the Stop Addictive Feeds Exploitation (SAFE) for Kids Act (SAFE Act or the Act) and the New York Child Data Protection Act (CDPA), both aimed at protecting children online. The...more

FTC Proposes Strengthening Children’s Privacy Rule

Guidepost Solutions LLC on 3/28/2024

On January 11, 2024, the Federal Trade Commission (FTC) published a Notice of Proposed Rulemaking that would fortify the Children’s Online Privacy Protection Act (COPPA). This move underscores a significant shift in the...more

43 AGs Urge FTC to Update Child Online Privacy Rules

Ballard Spahr LLP on 3/14/2024

On March 7, 2024, a bipartisan coalition of 43 state attorneys general sent to the Federal Trade Commission (“FTC”) a letter urging the FTC to update the regulations (“COPPA Rules”) implementing the Children’s Online Privacy...more

FTC Proposes Stricter Children’s Privacy Rules in First COPPA Update since 2013

King & Spalding on 1/24/2024

On December 20, 2023, the Federal Trade Commission (FTC) announced proposed revisions to its rules administering the Children’s Online Privacy Protection Act (COPPA). The updates both expand the universe of businesses subject...more

FTC Proposes Significant Changes to COPPA Rule

Wilson Sonsini Goodrich & Rosati on 12/22/2023

On December 20, 2023, the Federal Trade Commission (FTC) announced proposed changes to the Children’s Online Privacy Protection Rule (COPPA Rule) that would place significant new restrictions on companies that collect...more

TikTok Time is Up: Montana Becomes the First U.S. State to Ban the App

Kohrman Jackson & Krantz LLP on 5/22/2023

Only two months after a federal bill was introduced to ban TikTok nationwide, Montana has become the first U.S. state to officially ban TikTok from operating in the state. Governor Greg Gianforte signed S.B 419 into law on...more

Outside the Playground: California’s Child Privacy Act Sets Rules for Child’s Play

DarrowEverett LLP on 3/6/2023

In his State of the Union address on February 7, 2023, President Biden affirmed his position on consumer data privacy protections and specifically his focus on strengthening protections for children. With several state data...more

The FTC is Turning the Lights On: Dark Patterns Aren't in the Shadows Anymore

DarrowEverett LLP on 1/19/2023

The continued growth and dominance of e-commerce has ushered in a new frontier for businesses. In response to the progressive evolution from brick-and-mortar marketplaces to the current e-commerce dominant landscape,...more

Two Epic Cases from the FTC: Spotlight on COPPA, Unfairness, Teens, Dark Patterns, In-App Purchases, Cancellations, and More

Kelley Drye & Warren LLP on 12/21/2022

Just in time for the holidays, the FTC has released two companion settlements resolving allegations that Epic Games (maker of the popular video game Fortnite) violated the Children’s Online Protection Act (COPPA) and the FTC...more

Children's Online Privacy Protection Rule Q&A

Burr & Forman on 11/11/2022

COPPA, or the Children's Online Privacy Protection Rule, was designed to protect the privacy of children under 13 years of age by giving their parents certain tools to control how the child's information can and cannot be...more

Children’s App Settles with CARU Over COPPA and Guideline Violation Allegations

Sheppard Mullin Richter & Hampton LLP on 8/25/2022

Firefly Games agreed to take corrective action in response to the Children’s Advertising Review Unit’s allegations that the company had violated COPPA by inaccurately (and confusingly) explaining its privacy practices. The...more

FTC Continues Focus on Children’s Privacy

Sheppard Mullin Richter & Hampton LLP on 5/31/2022

The FTC recently took two well-publicized steps in the children’s privacy space. First, it penalized WW International (formerly, Weight Watchers) and its subsidiary, Kurbo, for alleged COPPA violations. Second, it unanimously...more

Smart Watch Maker Settles with CARU Over Privacy Policy and Parental Consent

Sheppard Mullin Richter & Hampton LLP on 4/15/2022

The Children’s Advertising Review Unit recently settled with TickTalk Tech, LLC over its information collection practices. CARU, a self-regulatory body that reaches voluntary settlements with companies, conducts regular...more

Dechert Cyber Bits - Issue 10

Dechert LLP on 3/25/2022

SEC Proposes New Cybersecurity Rules for Public Companies - On March 9, 2022, the Securities and Exchange Commission (“SEC”) announced proposed amendments to its rules on cybersecurity. The proposed rules aim to “enhance and...more

FTC Brings Enforcement Action for App’s Collection of Children’s Personal Data in Violation of COPPA

Alston & Bird on 3/14/2022

Our Privacy, Cyber & Data Strategy and Consumer Protection/FTC teams offer key takeaways from the Federal Trade Commission’s enforcement action in the midst of renewed emphasis on children’s privacy by both the Biden...more

Privacy Tip #322 – Monitor Apps Collecting Kids’ Data

Robinson+Cole Data Privacy + Security Insider on 3/11/2022

There is a federal law, the Children’s Online Privacy Protection Act (COPPA), that requires app developers to obtain parental consent before collecting information from children under the age of 13. The law has been on the...more

FTC COPPA Settlement Requires Deletion of Algorithms

Davis Wright Tremaine LLP on 3/10/2022

Algorithmic disgorgement is back in the spotlight at the FTC, this time in connection with a recently announced settlement with WW International, Inc., formerly known as Weight Watchers (WW), and a subsidiary called Kurbo,...more

Behind the Scenes but Not Above the Law: Advertising Platform OpenX To Pay $2 Million FTC Settlement

Husch Blackwell LLP on 12/21/2021

Keypoint: Advertising platform settles with the FTC over allegations that it collected location data without consent and collected information from child-directed apps without notice or parental consent in violation of the...more

Privacy Tip #311 – New Mexico AG Serious About Children’s Privacy Protections

Robinson+Cole Data Privacy + Security Insider on 12/16/2021

New Mexico’s Attorney General, Hector Balderas, continues to champion children’s online privacy protections, this time settling with Google over alleged violations of the Children’s Online Privacy Protection Act (COPPA). ...more

The State AG Report - Volume 7, Issue 35 | September 2021

Cozen O'Connor on 9/7/2021

Here are last week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: Not Just Fun and Games: Angry Birds Allegedly...more

Smart Toys and How they May be Invading our Privacy

Robinson+Cole Data Privacy + Security Insider on 7/16/2021

While smart toys can certainly be useful educational tools for children, they also present some potential privacy risks and could invade what is traditionally a private space. Think about it—the thought of your child’s toy...more

COPPA Applies to Adult Coloring Book App That Also Targeted Children

Hinshaw & Culbertson - Privacy, Cyber & AI... on 7/9/2021

Once again, the Federal Trade Commission (FTC) has made it clear that absent parental consent, the personal information of children under 13 is off-limits to companies operating online applications and websites. On July 1,...more

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