Proposed Mega Child Privacy Class Action Settlements May Impact Many App Providers

Last week, the plaintiffs in three related children's privacy class actions sought preliminary approval of proposed settlements with sixteen defendants in those coordinated actions. The matters-known as the Kiloo Action, the Disney Action, and the Viacom Action-are pending in the Northern District of California, case numbers 3:17-CV-04344-JD; 3:17-CV-4419-JD; 3:17-CV-4492-JD. The motion, which can be found here, will be heard on September 10, 2020. The district court will have to decide whether to approve these settlements, which seek equitable relief and no damages, and which may have significant implications on the mobile app providers that cater or appeal to children.

The proposed settlements address children's personal data, as defined by the Children's Online Privacy Protection Act ("COPPA") Rule, 16 C.F.R. §312.2. They aim to provide protections that exceed existing regulatory requirements relating to the collection, use, and monetization of