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Financial Services Law Insights and Observations

Video social networking app settles COPPA allegations

Federal Issues FTC Enforcement Settlement Civil Money Penalties COPPA Privacy/Cyber Risk & Data Security

Federal Issues

On February 27, the FTC announced a $5.7 million settlement with the operators of a video social networking app concerning alleged violations of the Children’s Online Privacy Protection Act (COPPA). Among other things, the FTC claims the operators failed to provide parents notice of its information collection practices, illegally collected personal information from children under the age of 13 without first obtaining verifiable parental consent, failed to delete personal information when parents requested, and retained information “longer than reasonably necessary to fulfill the purpose for which the information was collected.” Under COPPA, operators of websites and online services directed at children are prohibited from collecting personal information of children under the age of 13, unless the company has explicit parental consent. The FTC alleges that the operators knew a “significant percentage” of its users were under 13 and received thousands of complaints from parents that their children under 13 had created accounts on the app. While neither admitting nor denying the allegations, the operators have agreed to the monetary penalty, will change their business practices to comply with COPPA, and will remove all videos made by children younger than 13. According to the FTC, this settlement is the largest civil penalty obtained to date by the agency for COPPA violations.