C. Rovio’s Angry Birds Gaming Apps are Child-Directed

a. The name, address, telephone number, and email address of all operators

collecting or maintaining personal information from children through the

Web site or online service. Provided that: The operators of a Web site or

online service may list the name, address, phone number, and email address

of one operator who will respond to all inquiries from parents concerning

the operators’ privacy policies and use of children’s information, as long as

the names of all the operators collecting or maintaining personal

information from children through the Web site or online service are also

listed in the notice;

b. A description of what information the operator collects from children,

including whether the Web site or online service enables a child to make

personal information publicly available; how the operator uses such

information; and, the operator's disclosure practices for such information;

and

c. That the parent can review or have deleted the child's personal information,

and refuse to permit further collection or use of the child's information, and

state the procedures for doing so.”

16 C.F.R. § 312.4(d) (emphasis added).

Verified Parental Consent

34. Broadly, “[a]n operator is required to obtain verifiable parental consent before any

collection, use, or disclosure of personal information from children, including consent to any

material change in the collection, use, or disclosure practices to which the parent has previously

consented.” 16 C.F.R. § 312.5(a)(1).

35. But this consent may not be presented as an all-or-nothing proposition. Instead,

“[a]n operator must give the parent the option to consent to the collection and use of the child’s

personal information without consenting to disclosure of his or her personal information to third

parties.” 16 C.F.R. § 312.5(a)(2).

36. “An operator must make reasonable efforts to obtain verifiable parental consent,

taking into consideration available technology. Any method to obtain verifiable parental consent

must be reasonably calculated, in light of available technology, to ensure that the person providing

consent is the child’s parent.” 16 C.F.R. § 312.5(b)(1).

37. The FTC has identified the following methods as acceptable ways to obtain

verifiable parental consent: (i) providing a consent form for parents to sign and return; (ii) requiring

the use of a credit card/online payment that provides notification of each transaction; (iii)

connecting to trained personnel via video conference; (iv) calling a staffed toll-free number; (v)

providing a copy of a form of government issued ID that you check against a database (to be

deleted upon verification); (vi) asking knowledge-based questions; or (vii) verifying a photo ID

from the parent compared to a second photo using facial recognition technology. 16 C.F.R. § 312.5(b)(2).

12

C. Rovio’s Angry Birds Gaming Apps are Child-Directed.

38. The Angry Birds Gaming Apps are available for download in online app stores,

including the Google Play Store (“Google Play”). In 2009 Rovio released its first Angry Birds

Gaming App—the original “Angry Birds” game—which subsequently became a franchise that

includes over 35 gaming apps that have been downloaded over 4.5 billion times worldwide. These

apps include: Angry Birds, Angry Birds Classic, Angry Birds 2, Angry Birds Friends, Angry Birds

Transformers, Angry Birds POP!, Angry Birds Blast!, Angry Birds Evolution, Angry Birds Match,

12 See also “Children’s Online Privacy Protection Rule: A Six-Step Compliance Plan for Your Business,” Federal Trade Commission, https://www.ftc.gov/tips-advice/businesscenter/guidance/childrens-online-privacy-protection-rule-six-step-compliance (last accessed July 30, 2021).