Viacom, Disney Want Kid Data Collection Class Action Lawsuits Tossed

UPDATE 2: November 2020, Disney, Viacom, and other mobile app providers agreed to settle the child privacy class action lawsuits. The settlement provides injunctive relief in the form of not collecting data from gamers under a certain age. Click here to learn more.

UPDATE: On May 22, 2019, a class action lawsuit alleging that a number of app developers unlawfully scrape data from child video game players will proceed, per a California federal judge’s decision.

A number of app developers including Disney and Viacom argue that class action lawsuits alleging they illegally collect data about children should be dismissed.

Lead plaintiffs in three separate class actions, the Subway Surfers data collection class action lawsuit, the Disney gaming apps class action lawsuit, and the Viacom gaming apps class action lawsuit, alleged that various entertainment companies “scraped” data about app users – mainly young children – without their parents’ permission.

The plaintiffs, all represented by the same attorneys, claim that the companies then use the information to target children with advertising.

Disney, Viacom, and a slew of other app developers say that the kid data collection class action lawsuits should be dismissed because even though data scraping information from children and selling it to advertisers may be unpopular, it is not illegal.

“Courts consistently have held that the collection of anonymous user data from websites and mobile apps for use in digital advertising does not constitute an actionable invasion of privacy, even in the face of evidence indicating that such collection is unpopular,” state the entertainment companies in their motion to dismiss the kid data collection class action lawsuits. “Nor do plaintiffs allege that any defendant affirmatively misled them about what kind of data would be collected or how it would be used.”

According to Disney, Viacom, and the other entertainment companies, the kid data collection class action lawsuits also fail to show that the data they obtained was improperly used. Further, say the companies, they follow the Children’s Online Privacy Protection Act (COPPA) requirements when selling data to advertisers.

“Even COPPA expressly authorizes collection of persistent identifiers such as device IDs and similar information from child-directed apps for certain purposes without the need for parental consent,” points out the companies’ motion to dismiss the kid data collection class action lawsuits.

The kid data collection class action lawsuits’ claims based in state laws, including New York, California, and Illinois law, are deficient as well, according to the companies’ motion to dismiss. Disney, Viacom and the other app developers label the claims as “conclusory and deficient” and say that the plaintiffs do not provide sufficient facts to support their claims.

“[O]n the critical question of how Defendants use the data they allegedly collect, the [kid data collection class action lawsuits] offer nothing but conclusory allegations, based on speculation that Defendants could have improperly used the information. Plaintiffs allege no facts that plausibly suggest Defendants engaged in behavioral advertising using device IDs collected through the apps at issue.”

The plaintiffs in the Disney gaming apps data collection class action lawsuit, the Viacom gaming apps data collection class action lawsuit, and Subway Surfers unlawful data collection class action lawsuit are represented by attorneys Michael W. Sobol, Facundo Bouzat, Nicholas Diamand, Douglas I. Cuthbertson and Abbye R. Klamann of Lieff Cabraser Heimann & Bernstein LLP, as well as Hank Bates, Allen Carney and David Slade of Carney Bates & Pulliam PLLC.

The Disney Gaming Apps Data Collection Class Action Lawsuit is Amanda Rushing, et al. v. The Walt Disney Company, et al., Case No. 3:17-cv-04419, in the U.S. District Court for the Northern District of California.

The Viacom Gaming Apps Data Collection Class Action Lawsuit is Amanda Rushing v. Viacom Inc., et al., Case No. 3:17­-cv-­04492, in the U.S. District Court for the Northern District of California.

The Subway Surfers Unlawful Data Collection Class Action Lawsuit is Michael McDonald, et al. v. Kiloo APS, et al., Case No. 3:17-cv-04344, in the U.S. District Court for the Northern District of California.