Google Wants Kid Data Collection Class Action Lawsuit Dismissed

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.

The FTC agreement included a promise to notify parents that their children’s online activity and information is subject to the Children’s Online Privacy Protection Rule (COPPA), along with a $170 million fine.

The companies claim that the kid data collection class action is an attempt to hold them liable under California law, when the matter has already been settled under federal law.

Lead plaintiff Nichole Hubbard alleged that her five-year-old’s information was illegally collected through YouTube and used by Google and other companies who, in turn, target young children with advertising.

According to the kid data collection class action lawsuit, Google and the other companies used the IP addresses of children under the age of 13 to track them across the internet.

Hubbard says the collection and use of minors’ information occurs without parental permissions is a violation of COPPA and state laws. However, Google and the other defendants say that Google’s agreement with the FTC over similar issues is the way the problem is meant to be resolved under COPPA.

“Plaintiff’s Complaint is an attempted end run around COPPA’s exclusive enforcement structure…the FTC has already taken action to address the alleged data practices Plaintiff challenges by bringing an enforcement action against Google LLC and YouTube in coordination with the New York state attorney general,” states Google’s motion to dismiss.

“Not only are Plaintiff’s claims preempted by COPPA, but the allegedly wrongful conduct challenged in the Complaint has already been addressed in exactly the way Congress intended.”

The kid data collection class action lawsuit faces a threat on another front as well. Cartoon Network, DreamWorks, and other defendants say that the plaintiff never established how they experienced any harm. In fact, according to these defendants, the plaintiff did not allege that her child ever accessed content from them through their websites or YouTube.

“The Complaint fails to allege that [the plaintiff’s child] ever visited any of the YouTube channels of Cartoon Network or DreamWorks or Mattel, much less watched a single video or other programming from any of these Defendants,” points out their motion to dismiss.

“This issue should have never reached this Court,” continues the motion. “Cartoon Network, DreamWorks, and Mattel raised this fundamental flaw of the Complaint—a lack of a causal connection between the Plaintiff and these Defendants—in advance of filing, but Plaintiff’s counsel refused to amend the Complaint to address this issue.”

Did your child have their information gathered and shared without parental consent? Share your experiences in the comment section below.

The plaintiff and proposed Class Members are represented by David S. Golub, Steven I. Bloch and Ian W. Sloss of Silver Golub & Teitell LLP, and Jonathan K. Levine of Pritzker Levine LLP.

The YouTube, 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.

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