Case 1:21-cv-00824 Document 1 Filed 08/25/21 Page 11 of 71
21.
In accordance with 28 U.S.C. § 1391, venue is proper in this district because a
substantial part of the conduct giving rise to the State’s claims occurred in this District, and because Defendant transacts business in this District. IV.
ALLEGATIONS APPLICABLE TO ALL COUNTS8 A.
COPPA Outlaws the Collection of Personal Information of Children Under Age 13 from Child-directed Apps Without Verifiable Parental Consent.
22.
Children are especially vulnerable to online tracking and the resulting behavioral
advertising and user profiling. While children’s cognitive abilities are still developing, they have limited understanding and awareness of sophisticated advertising and are therefore less likely than adults to distinguish between the actual content of online Angry Birds Gaming Apps and the advertising content that is targeted to them alongside it. Thus, children may engage with advertising content without realizing they are doing so.9 23.
Recognizing this vulnerability, Congress enacted COPPA, with the express goal to
“place parents in control over what information is collected from their young children online.”10 24.
COPPA “prohibits unfair or deceptive acts or practices in connection with the
collection, use, and/or disclosure of personal information from and about children on the Internet.” 16 C.F.R. § 312.1. Specifically, it is “unlawful for an operator of a website or online service directed to children, or any operator that has actual knowledge that it is collecting personal information from a child, to collect personal information from a child in a manner that violates the [relevant] regulations” prescribed by the FTC. 15 U.S.C. § 6502(a)(1). COPPA provides that the
For the Court’s convenience, the State has attached a glossary of relevant terms and statutory definitions pertaining to COPPA and to the online advertising ecosystem. Said glossary is appended as Exhibit 6. 9 See Comments of The Center for Digital Democracy, et al., FTC, In the Matter of Children’s Online Privacy Protection Rule at 13-14 (Dec. 23, 2011). 10 See General Questions about the COPPA, FAQ 1, https://www.ftc.gov/tips-advice/businesscenter/guidance/complying-coppa-frequently-asked-questions-0#A.%20General%20Questions (last accessed on May 31, 2021). 8
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