YouTube, Google Class Action Says Kid Data Collected Without Permission

A parent says information about her five-year-old child was collected and used by YouTube and Google without her permission.

Lead plaintiff Nichole Hubbard alleges in the YouTube, Google class action that a number of entertainment and technology companies conspired to collect personal information about children under the age of 13 in violation of privacy laws.

Hubbard contends that Google exploits the number one website visited by kids, YouTube, to collect and use information about the young viewers in order to target advertising to them.

According to the YouTube, Google class action lawsuit, companies have created “channels” within YouTube to attract young audiences. While a user profile is not necessary to access YouTube content, Google is reportedly able to collect identifiers, including IP addresses and device serial numbers. These identifiers, also called “persistent identifiers” are used to track users’ actions across the internet.

“Plaintiff’s minor child, C.H., watched many of the monetized YouTube channels during the Class Period, including those owned by the Channel Owner Defendants,” explains the Google class action. “While C.H. viewed videos on the YouTube Platform, Defendants unlawfully collected C.H.’s Personal Information, including persistent identifiers, and delivered targeted advertisements to C.H. intended to influence C.H.’s behavior.”

The You Tube, Google class action lawsuit alleges that this tracking of children’s identities and internet use takes place without parent or guardian consent.

Hubbard names YouTube and Google, as well as other companies that cater to children, including the Cartoon Network, DreamWorks, Hasbro, Mattel, and others. According to the complaint, these companies have opted to “monetize” their YouTube channels by including paid advertisements in their shows.

The YouTube, Google class action lawsuit alleges that the collection and use of children’s data violates the federal Children’s Online Privacy Protection Act, state laws, and, notably, a recent judgment against Google over the collection of kid’s info.

According to the complaint, the Federal Trade Commission, along with the New York Attorney General’s Office, slapped Google with a $170 million fine over allegations that the company wrongly collected and used minors’ personal information. Despite this multi-million dollar fine, Google purportedly announced that it will continue to collect and use data from kids for up to four more months.

“The Google Defendants have, at all times throughout the Class Period, been well aware that minors under the age of thirteen access YouTube’s channels; have actively sought to increase viewers of the YouTube Platform by children under the age of thirteen (all while falsely pretending that such minors are not permitted to access the Platform); and have sought to exploit, for commercial purposes and gain, the millions of YouTube viewers under the age of thirteen,” argues the YouTube, Google class action lawsuit.

The plaintiff seeks to represent three Classes based on state and federal privacy laws. One Class will include the residents of approximately 30 states for allegations of intrusion upon seclusion. A nationwide Class will represent all children and parents for violations of federal law. The plaintiff would also like to represent a subclass of California residents.

The Google, You Tube class action lawsuit is seeking damages, as well as a court order declaring the defendants’ actions as violations of state and federal privacy laws.

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The plaintiff is represented Jonathan K. Levine, Elizabeth C. Pritzker, Bethany Caracuzzo, and Caroline C. Corbitt of Pritzker Levine LLP, and David S. Golub, Steven Bloch, and Ian W. Sloss of Silver Golub & Teitell LLP.

The You Tube, Google Kid Data Collection Class Action Lawsuit is Hubbard v. Google, et al., Case No. 5:19-cv-07016, in the U.S. District Court for the Northern District of California, San Jose Division.

UPDATE: On Jan. 23, 2020, Google, along with Cartoon Network and a number of other defendants, say that a previous arrangement with the Federal Trade Commission preempts the allegations in a kid data collection class action lawsuit.

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