YouTube Class Action Says Kids’ Data Illegally Collected

A recent YouTube class action lawsuit claims the video platform collects the data of children without parental consent.

According to plaintiff Paula Ridenti, who brought the YouTube class action on behalf of her minor children “R.A.” and “R.M.A.,” her children’s information was gathered for advertising purposes. Ridenti argues this information was collected without her consent.

Allegedly, YouTube and its parent company Google monetizes the videos on the platform through advertisements. When viewers are shown these ads, both channel owners and Google shares the resulting revenue.

Although this practice is not illegal, Ridenti argues that Google aims to increase their revenue by collecting information from viewers and using this information to tailor ads to their preferences.

When YouTube channels are marketed to children under the age of 13, advertisements are allegedly changed to suit this target audience. The plaintiff claims that YouTube does this by illegally collecting information from children below the age of 13.

“The Google Companies collected personal information from children under the age of thirteen in order to serve targeted advertising to them, all without receiving any consent from those children’s parents for the collection and use of such personal information,” the YouTube child data class action lawsuit claims.

Even worse, YouTube and Google have allegedly acknowledged the child audience present on their platform and aimed to take advantage of this group. The video platform has reportedly developed age ratings for videos and channels, similar to those seen on movies and television shows, to ensure that children are only watching the videos intended for them.

Despite this, YouTube continues to monetize content rated for children. According to the YouTube Google class action lawsuit, this shows that the company intentionally collects information from children in order to tailor these advertisements to their preferences.

“Although the Google Companies persistently and pervasively collected, used, and disclosed personal information from children under the age of thirteen, the Google Companies opted not to obtain verifiable parental consent before doing so,” the YouTube class action lawsuit alleges.

“The Google Companies have collected billions of dollars in profits by monetizing the personal information they obtained from children under the age of thirteen, all without any verifiable parental consent.”

To support her allegations, Ridenti points to a 2019 fine from the Federal Trade Commission (FTC). Allegedly, the FTC forced Google to pay a $170 million fine in connection with “unfair practices” including the collection of children’s information without parental consent.

These actions reportedly violated the FTC Act and the Children’s Online Privacy Protection Act (COPPA), a federal law that prohibits the unauthorized collection of data from children under the age of 13.

Although Ridenti acknowledges the efficacy of these fines, she argues that none of the $170 million will go towards compensating consumers.

Instead, all of the money will instead be retained by the federal government and the state of New York. Based on this, Ridenti seeks further compensation from YouTube and Google to reimburse her and other parents whose children had their information collected without parental consent.

“The Google Companies have derived substantial profits from their unlawful collection of personal information through YouTube from Massachusetts children, in the form of advertising revenue generated as a result of its targeted advertising, which in turn depends upon its collection of personal information,” the YouTube class action lawsuit claims.

“The profits the Google Companies obtained from their unfair acts and practices reflect the damages the Class has suffered from that conduct—i.e., the value of the personal information that the Google Companies unfairly collected and used.”

Ridenti seeks to represent a Class of all children residing in Massachusetts who viewed videos on YouTube and had their information collected, used or disclosed without parental consent while under the age of 13.

This is not the first time that Google has faced a YouTube class action lawsuit regarding alleged COPPA violations. In October 2019, similar claims were filed against the company in California. This plaintiff brought allegations under federal and state privacy laws. In January, Google attempted to dodge the YouTube class action by arguing that their arrangement with the FTC preempts any consumer claims regarding child data collection.

Did your child use YouTube to watch videos? Are you concerned their information was wrongfully collected and used for advertising purposes? Share your thoughts in the comment section below.

Ridenti and the proposed Class are represented by Edward F. Haber and Patrick Vallely of Shapiro Haber & Urmy LLP.

The YouTube, Google Class Action Lawsuit is Ridenti v. Google LLC, et al., Case No. 1:20-cv-10517-NMG, in the U.S. District Court for the District of Massachusetts.

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