Google, YouTube Class Action Lawsuit Says Companies Collect Kid Info

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Google faces a class action lawsuit alleging that the popular video website YouTube is gathering information on children viewing videos.

Plaintiff Sirdonia Manigault-Johnson has filed a class action lawsuit against Google LLC, Alphabet Inc, and YouTube LLC alleging that her child, R.R., had his information gathered while watching videos on YouTube.

Manigault-Johnson claims that this is in violation of the federal Children’s Online Privacy Protection Act (COPPA).

Manigault-Johnson’s son, R.R., allegedly made an account on YouTube to view content and used the website and its app version regularly. The Google class action lawsuit claims that the website and application gathered personal information about R.R. based on his persistent identifiers but never asked for parental consent. The YouTube class action lawsuit alleges that these actions are in direct violation of the COPPA.

COPPA was enacted by Congress in 1999 in order to protect children’s privacy while they are connected to the internet. COPPA regulations apply to any operator of a website or app that collects personal information from children or on whose behalf information is collected or maintained.

Under COPPA, developers of child-focused apps and websites are not allowed to obtain the personal information of children under 13 without first obtaining verifiable consent from their parents.

Personal information commonly refers to names, email addresses, and Social Security numbers, but also refers to “persistent identifier[s] that can be used to recognize a user over time and across different web sites or online services.”

Verifiable parental consent can be obtained in a variety of ways. Parents can print a form and mail it in, call a toll-free number and speak with a representative, make a video call, and more. These methods allow companies to verify that an actual adult is giving consent to the release of children’s personal information.

According to the YouTube class action lawsuit, the popular video website and app earns an estimated 45 percent of its yearly revenue via advertisements. Advertisements are generated via Google-linked apps that show specific topics based on audience preferences and search keywords.

Although YouTube’s Term of Service states that the format is not intended for children under 13, many children still use YouTube for video watching without their parents. Additionally, a significant number of YouTube channels are designed to appeal to children.

Manigault-Johnson argues that by analyzing children’s searches for advertising trends, YouTube and Google are gathering children’s information and are in violation of COPPA. In addition to wrongfully collecting information, YouTube “makes no effort to ensure that parents receive direct notice of its data collection practices,” the Google, YouTube class action lawsuit states.

The plaintiff seeks to represent a Class of children younger than 13, and their guardians, who viewed content on YouTube without verifiable parental consent. Manigault-Johnson also proposes a California statewide Class of the same people who were under additional protections by California state law.

The Google class action lawsuit seeks a Class certification, actual damages, statutory damages, punitive damages, court costs, and attorneys’ fees. The YouTube, Google class action lawsuit also seeks an order enjoining the defendants from future COPPA violations.

Manigault-Johnson is represented by Akim A. Anastopoulo, Eric M. Poulin, Roy T. Willey IV, and Matthew Nall of Anastopoulo Law Firm LLC.

The Youtube, Google Child Privacy Class Action Lawsuit is Manigault-Johnson v. Google LLC, et al., Case No. 2:18-cv-01032-BHH, in the U.S. District Court for the District of South Carolina.

UPDATE: On June 4, 2018, Google and YouTube seek dismissal of a class action lawsuit alleging that the companies unlawfully collect personal information from children.