US appeals court rules guardians can sue Google for tracking children’s YouTube activity without consent News
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US appeals court rules guardians can sue Google for tracking children’s YouTube activity without consent

The US Court of Appeals for the Ninth Circuit Wednesday reversed a ruling holding that the Children’s Online Privacy Protection Act (COPPA) preempts state law causes of action against Google for collecting data from children’s online behavior. Circuit Judge M. Margaret McKeown authored the three-judge panel decision.

The court ruled that COPPA does not preempt state law causes of action that are of the same conduct forbidden by COPPA. COPPA is a federal law that imposes requirements on operators of websites and online services directed to children under 13. The court reasoned that Congress only intended COPPA to preempt “inconsistent state laws.” Additionally, the court ruled that COPPA does not preempt state law claims through express or conflict preemption.

Parents and guardians of children sued Google and YouTube for collecting data and tracking their children’s online behavior. The parents asserted state causes of action of invasion of privacy, unjust enrichment, consumer protection violations and unfair business practices. The parents also claimed that Google violated COPPA. The district court for the Northern District of California dismissed the complaint, ruling that COPPA preempted the state law claims. The appeals court reversed the district court’s dismissal and remanded the case back.

Earlier this year, the US Senate approved two bills to expand the safety and privacy accorded to children on commercial electronic platforms.

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