YouTube Channels Unlawful Collection of Info on Minors Class Action

This class action brings suit against Google, LLC and YouTube, LLC, which operate YouTube, and against certain child-related companies that operate “monetized channels” on YouTube. The complaint alleges that “the Google Defendants and each of the Channel Owner Defendants caused the personal information of children viewing their channels to be collected for the purpose of creating individual profiles for those minors to enable Defendants to subject the minors to targeted advertising…”

Google admits in its Privacy Policy that it collects personal information from visitors to its websites, using “persistent identifiers” such as IP addresses and device serial numbers. The complaint notes, “Recent studies have found that Google is capable of tracking activity across 80% of the internet.”

The Children’s Online Privacy Protection Act (COPPA) is a federal law that prohibits the collection of information on children under thirteen years old, unless a parent has given verifiable consent. Persistent identifiers also come under the definition of “personal information” that website operators and online services cannot collect on children. California and other states have passed their own privacy laws as well.

Despite this, the complaint alleges that, while children view videos on YouTube, the defendants in this case unlawfully collected personal information on them. (The Channel Owner Defendants in this case include such companies as Cartoon Network, Dreamworks, Hasbro, Mattel, and other child-centered companies.)

In September 2019, the Federal Trade Commission (FTC) and New York’s Attorney General filed a Complaint for Permanent Injunction, Civil Penalties, and Other Equitable Relief against Google because of its alleged wrongful collection and use of minors’ information. 

The complaint notes, “The Google Defendants entered into a Judgment on September 4, 2019 agreeing to pay $170 million as a civil penalty for their misconduct, but did not agree immediately to cease the misconduct and have publicly stated that they will continue their tracking practices for up to four more months, enabling them to collect and misuse Personal Information about millions of minors for continuing improper financial gain.”

The complaint claims that this class action is being brought in hopes of getting injunctive and/or equitable relief, as well as for compensatory and punitive damages.

Two classes have been defined for this action.

• The Intrusion Upon Seclusion Class is all children and parents or guardians of children in Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Minnesota, Missouri, Nevada, New Hampshire, New Jersey, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Texas, Utah, Vermont, Washington, and West Virginia who used YouTube at an age younger than thirteen, from whom the defendants in this case collected, used, or disclosed personal information without first getting verified parental consent.
• The Nationwide UCL Class is all children and parents or guardians of children living in the US who used YouTube when they were younger than thirteen and from whom the defendants in this case collected, used, or disclosed personal information without first obtaining verified parental consent.

Article Type: Lawsuit
Topic: Privacy
Tags: Children/Minors, Collecting Personal Data Without Notice/Consent, Your Privacy