Cara Jones, ET AL v. Google LLC, ET AL

The Children’s Online Privacy Protection Act (“COPPA”), 15 U.S.C. §§ 6501–06, gives the Federal Trade Commission (“FTC”) authority to regulate the online collection of personal identifying information about children under the age of 13.

Plaintiffs, several minor children represented through guardians ad litem, alleged that Google used persistent identifiers to collect data and track their online behavior surreptitiously and without their consent. Plaintiffs sought relief only through state law and every claim alleged conduct that would violate the Children’s Online Privacy Protection Act (COPPA). The Children’s Online Privacy Protection Act (“COPPA”), 15 U.S.C. §§ 6501–06, gives the Federal Trade Commission (“FTC”) authority to regulate the online collection of personal identifying information about children under the age of 13. The statute includes a preemption clause that provides that “[no] State or local government may impose any liability . . . inconsistent with the treatment of those activities or actions under this section.” The Court explained that it is important to decide whether the state laws interfere with the objectives of Congress and their policies. The Court found that there was no express preemption, and that conflict preemption does not bar the Children’s claims. Reversed and remanded.