On February 5, 2018, the Federal Trade Commission (FTC) announced its most recent Children’s Online Privacy Protection Act (COPPA) case against Explore Talent, an online talent agency marketed to aspiring actors and models.1

According to the FTC’s complaint, the company provided a free platform for users to find information about auditions, casting calls, and other opportunities. Users could sign up for accounts and create publicly available, searchable profiles that included personal information such as names, email addresses, telephone numbers, and mailing addresses. The company’s privacy policy stated that it did not knowingly collect personal information from children under age 13 and that accounts for users under 13 had to be created by a legal guardian. In practice, however, users selected their “age range” during registration, which included options of 0-5 and 6-12 years old. On a later registration screen, the company specifically asked for users’ birthdates.Continue Reading Online Talent Agency Stars in FTC’s 30th COPPA Case

The Federal Trade Commission (FTC) has provided new guidance on how it will enforce the Children’s Online Privacy Protection Act (COPPA) against companies collecting voice recordings from children, loosening the rules on how companies can collect and use voice data. Under the guidance, online services covered by COPPA can now collect voice recordings from children without obtaining verifiable parental consent so long as they collect and use the voice recording solely as a replacement for written words, such as to perform a search or fulfill a verbal instruction or request, and maintain the file for only the brief period of time necessary for that purpose. The FTC’s publication builds on previous FTC guidance making clear that COPPA applies to Internet of Things devices, including connected children’s toys. The publication marks the first time that the FTC has publicly signaled that it will refrain from bringing enforcement actions in circumstances where it believes COPPA has been violated.
Continue Reading FTC Carves New Path for Collecting Voice Recordings from Children Without Parental Consent

As connected devices become ubiquitous, it comes as no surprise that interactive toys that connect to the internet are more popular than ever. At the same time, regulators have taken note of the privacy and security concerns raised by lawmakers and privacy advocates about the proliferation of smart toys that collect personal information from kids. Recent guidance issued by both the Federal Trade Commission (FTC) and the Federal Bureau of Investigation (FBI) suggests that the agencies may be taking a closer look at the rapidly expanding connected toy market, a small part of the largely unregulated “Internet of Things.”
Continue Reading Hello, Dolly: What You Need to Know About Connected Smart Toys and Privacy

ThinkstockPhotos-178868654The Federal Trade Commission (FTC) recently approved a new method for website operators and mobile application developers (“operators”) to obtain parental consent to collect personal information from children.1 Under this new method, which is the first to use biometric identifiers to verify that a parent is providing consent for a child, the FTC will permit operators to use facial recognition technology to compare an image of the person providing consent with an image of verified photo identification, such as a drivers’ license or passport. If the two images match, the user is verified and can provide consent for the child to use the website or mobile application.
Continue Reading FTC Approves Facial Recognition as Method of Obtaining Parental Consent to Collect Children’s Information

On December 17, 2015, the Federal Trade Commission (FTC) announced its first Children’s Online Privacy Protection Act (COPPA) enforcement actions challenging the use of persistent identifiers to engage in targeted advertising to children. The FTC
Continue Reading WSGR Alert: FTC Brings First Enforcement Actions Against Kids Apps Using Persistent Identifiers for Targeted Advertising

The Children’s Online Privacy Protection Act (COPPA) prohibits companies from collecting personal information from children under the age of 13 without first providing notice to parents and obtaining their verifiable consent. The Federal Trade Commission’s (FTC) recent settlements with Yelp and TinyCo serve as a reminder to mobile app developers that the failure to consider COPPA when developing and testing mobile apps can have serious consequences.
Continue Reading COPPA Looms Large for Mobile Apps