Google Wiggles Out of YouTube Kids Privacy Class Action

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Google doesn’t have to face a class action lawsuit from parents who allege it harvested children’s data and used it to target them for ads, but 30 days could change that, a judge has ruled.

Last Thursday, California federal Judge Beth L. Freeman ruled for the second time that a class action complaint alleging Google illegally collected kids’ personal data could not proceed, Law360 reports.

The reason? The alleged issue at hand is already covered by the federal Children’s Online Privacy Protection Act (COPPA), and the only remedy allowed is enforcement through the Federal Trade Commission (FTC), she reportedly ruled.

“With regards to the Plaintiffs in this case — all children under 13 years old — the Court finds this alleged conduct squarely covered, and preempted, by COPPA and its exclusive remedial scheme that vests enforcement authority in the FTC and state attorneys general,” Freeman said.

The parents had sued under state privacy laws, but Freeman said they did not show claims went beyond what is covered under COPPA.

They’d claimed Google LLC, its subsidiary YouTube, and several other companies and YouTube channels had violated state privacy laws of kids under 13 by collecting their personal information to create individual profiles that made them easier to target with ads.

“The treatment Congress has provided for COPPA violations is enforcement by the (Federal Trade Commission) and state attorneys general, and Plaintiffs’ attempt to run an end-around the scheme with state law liability is ‘inconsistent with the treatment’ and thus preempted,’” Judge Freeman said.

Despite rejecting the claims as they stand, Freeman said the parents could potentially have a valid claim if they have named plaintiffs in the 13 to 16 age range, which is not covered by COPPA. She said the parents have 30 days to bring an amended complaint.

The class action was first filed in Oct. 2019, about a month after Google and YouTube agreed to  a settlement of $170 million to end claims by the Federal Trade Commission and New York’s attorney general over illegal harvesting of child data.

The news comes as lawmakers are investigating Google’s business practices as it relates to YouTube Kids. In April, federal lawmakers launched an investigation into YouTube Kids, saying children are being served up endless harmful or non-educational content, and being bombarded by advertisers.

The Subcommittee on Economic and Consumer Policy, part of the House Committee on Oversight and Reform, is currently looking into potentially predatory advertising practices at YouTube Kids, with one lawmaker saying the company has not done enough to protect children from people trying to sell them products online, in an apparently endless stream of autoplaying videos.

What do you think of the class action claims against Google? Let us know in the comments! 

The plaintiffs are represented by Jonathan K. Levine, Elizabeth C. Pritzker and Caroline C. Corbitt of Pritzker Levine LLP and David S. Golub, Steven L. Bloch, and Ian W. Sloss of Silver Golub & Teitell LLP .

The Google YouTube Kids Privacy Class Action Lawsuit is Nichole Hubbard et al. v. Google LLC et al., Case No. 5:19-cv-07016, in the U.S. District Court for the Northern District of California.

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