What is the Children’s Online Privacy Protection Act (COPPA)?

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COPPA Overview

The internet is a powerful tool, but poses a threat to security. Because so much information is accessible via the internet, it can easily fall into the wrong hands. This is especially concerning in the case of children, who are vulnerable in many ways.

COPPA, or the Child Online Privacy Protection Act, is a federal law designed to protect the privacy of children by limiting how internet service providers and web site operators may collect information about minors. 

The law was passed in 1998 and took effect in 2000, says Search Compliance. It’s been called “the first U.S. privacy law written for the Internet.” 

Under COPPA, web sites and service providers who make content that appeals to children must disclose data collection is conducted on the site, and it must disclose for what purpose the data is being collected.

In addition, COPPA requires these providers to obtain parental consent before collecting and storing a child’s data. If a provider changes their privacy polices, they must seek parental consent again. This consent can be obtained by having a parent sign a form via email or fax, providing a credit card number online, or via phone call, depending on the information collected.

Businesses and providers who violate the Child Online Privacy Protection Act face fines of up to $11,000 per violation.

What kind of lawsuits are filed under COPPA?

Parents may file lawsuits against companies they believe have violated COPPA. If a web site or service provider collected data about a child and did not first obtain consent from the parent, they may be in violation of COPPA. Additionally, if the provider did not notify parents at all, they may have unlawfully collected data about a child, in violation of COPPA.

COPPA Settlements

A complaint has been filed with the Federal Trade Administration (the entity that oversees COPPA), alleging that Amazon violated the law by unlawfully collection child data via its Amazon Echo Dot Kids Edition.

The website for the Echo Dot Kids Edition Privacy Concerns and COPPA Violations says that Amazon violates the law in a number of ways. Amazon allegedly does not seek parent consent in a way that is verifiable, meaning that anyone could give consent for Amazon to collect child data — not just the parents.

Additionally,  Amazon allegedly keeps child data for longer than necessary via the Echo Dot Kids Edition, and does not give a reliable way for parents to delete data collected about their child.

The website also claims that Amazon does not disclose that it shares child information with third party providers of features of the Echo Dot, among other alleged problems. These claims against Amazon are still under way, but other settlements have been reached.

In February, the Federal Trade Commission announced that a settlement had been reached with the popular musical.ly app. Allegedly, the app stored child data in violation of the Child Online Privacy Protection Act. The musical.ly settlement was the largest COPPA settlement, at $5.7 million, and came with stipulations that the company must change its data collection practices to be in accordance with the law.

Do you have a COPPA claim?

Many parents may aim to protect their children’s privacy, but doing so can be difficult in a world in which data is collected at every turn. However, the law does offer protections for children.

If you worry that your child’s privacy has been violated by an online provider, an experienced lawyer can help determine what legal issues are at play. They can help you determine if a provider was in violation or accordance with the law, and can help determine if filing a lawsuit could help you gain compensation.