Saturday, November 23, 2024

Minors file class action against Google over web tracking

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A group of minors using their smartphones, representing the Google class action.
(Photo Credit: AYO Production/Shutterstock)

Google web tracking class action lawsuit overview: 

  • Who: A California federal judge OK’d a class action lawsuit filed by a group of six minors through their parents against Google LLC. 
  • Why: The minors argue Google collected their personal information through various mobile apps without parental consent in an alleged violation of the Children’s Online Privacy Protection Act. 
  • Where: The class action lawsuit was filed in California federal court. 

Google unlawfully invaded the privacy of minor users by collecting their personal information through various mobile apps without parental consent, a class action lawsuit filed in June 2023 and OK’d in a California federal court this month alleges. 

A group of six minors claim Google obtained personal information from children younger than age s13 through Android apps in violation of the Children’s Online Privacy Protection Act and common law privacy protections.

The class action lawsuit, which the minors brought through their parents, argues Google knew app developer Tiny Lab Productions collected the data of minor users through apps included in Google’s Designed for Families program. 

Google created the DFF program in 2015 purportedly as a way to protect children younger than age 13 from having their personal information collected without parental consent, according to an order denying a motion to dismiss.

Google categorized children’s apps in way that ‘skirted’ COPPA prohibitions 

The group argues Google accepted children’s apps to the DFF program that were categorized so developers, such as Tiny Lab, could “skirt” COPPA’s prohibitions on collecting data from minors younger than age 13.

“[Security researchers from the University of California, Berkeley] noted that developers were miscategorizing their apps and then engaging in defective age-gating, thereby collecting data from minors under the age of 13 in violation of COPPA,” an order denying a motion to dismiss the complaint says. 

In its motion to dismiss, Good argued the minors filed the June 2023 class action too late because Google banned Tiny Lab from the DFF program in 2018 after Berkeley researchers informed Google the app developer collected data in violation of COPPA 

The minors, meanwhile, argue the Tiny Lab Android apps remained on their phones past 2018 and that Google failed to implement policy changes prior to a 2021 settlement that put an end to similar claims brought by the New Mexico attorney general’s office.

Consumers recently filed other class action lawsuits involving data tracking against Quantum Metric Inc., Delta Air Lines Inc., TJX Companies Inc., BuzzFeed Inc. and General Motors, OnStar, Verisk Analytics and LexisNexis Risk Solutions. 

Has your minor child had their data collected by Google without your consent? Let us know in the comments.

The plaintiffs are represented by Patrick R. Carey and Mark N. Todzo of Lexington Law Group and David S. Golub, Steven L. Bloch, Ian W. Sloss, Jennifer Sclar and Jonathan Seredynski of Silver Golub & Teitell LLP.

The Google web tracking class action lawsuit is A.B., a minor, by and through his guardian Jen Turner, et al., v. Google LLC, et al., Case No. 5:23-cv-03101, in the U.S. District Court for the Northern District of California.



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