With newly proposed legislation, the House has joined the Senate in introducing bipartisan legislation making changes to the Children’s Online Privacy Protection Act (COPPA). This pending legislation, when combined with the Federal Trade Commission’s (FTC) ongoing COPPA review and workshop, foreshadows expanded COPPA protections, especially for teenagers between 13 and 15 years of age.

To

Last week, the Federal Trade Commission (“FTC”) announced it is seeking public comment on the effectiveness of amendments made by the agency in 2013 to the Children’s Online Privacy Protection (“COPPA”) Rule, and whether additional changes are needed. In connection with this initiative, the FTC will hold a public workshop on October 7, 2019.

COPPA

Epic Games, Inc. (“Epic”), the company behind popular video game “Fortnite,” has refused to stand down in its copyright infringement and breach of contract suit against a 14-year-old gamer. Fortnite has seen booming success as a free, online game in which players must simply consent to the Terms of Service to create an account.

The

In enacting the Children’s Online Privacy Protection Act, Congress determined that the safeguards built into the statute should apply only to children under 13. It sought to focus the restrictions on collection and use of personal information on younger children who are particularly vulnerable to marketing tactics because of their unfamiliarity with advertising and the

Last month, the Children’s Advertising Review Unit (“CARU”) referred claims by Dave & Busters Entertainment, Inc. to the Federal Trade Commission (FTC). CARU’s initial inquiry involved Dave & Busters advertising that aired during children’s programming.  The ad started with large text that stated “Free Video Game Play”, and a voiceover said “Dave & Busters has

Gatorade recently handed $300,000 to California to settle false advertising and unfair competition claims that boil down to making water look bad. The company released an app in 2012 called “Bolt!” that featured an animation of Jamaican Olympic gold medalist, Usain Bolt, racing to recapture gold coins from pirates. Gatorade icons boosted performance and water