As reported by Law360, U.S. District Judge Martha Vazquez has issued an order denying an attempt by Twitter and children’s app developer Tiny Lab, along with multiple advertising company partners, to dismiss claims that the companies secretly collected kid’s location data and personal information in violation of child privacy laws.
The Plaintiffs’ in the suit (parents on behalf of their children) allege that certain child gaming apps made by the defendants collected, used, and disseminated the personal information of the children playing those games. Plaintiffs’ argue that by collecting personal information from unsuspecting children, without notice to or consent from their parents, the defendants have breached basic norms and laws relating to how companies must conduct their business with children.
As Law360 notes, during proceedings, Twitter Inc., MoPub Inc., AppLovin Corp., InMobi Pte. Ltd. and its subsidiary AerServ LLC, asked the New Mexico federal court to dismiss the case on the grounds that they had no concrete ties to the state.
Judge Vazquez responded saying that those arguments failed, in part because they relied on “non-binding, out-of-district precedent,” further noting that the “Defendants’ insistence that their contacts with New Mexico are insufficient to meet a minimum contacts analysis under New Mexico’s long-arm statute is of no consequence.”
Lieff Cabraser’s Work in Digital Privacy & Child Data Security
Lieff Cabraser is committed to helping parents protect their children, their privacy, and their children’s information in a world where electronic toys, mobile games, and digital devices with inherent security vulnerabilities are growing more and more pervasive. From voice-controlled home devices that can leak sensitive information to video-recording toys and interactive digital games whose data can be leaked or accessed improperly, our private data — and, in particular, children’s private information — faces a growing risk of exposure and improper sharing. An important part of our work protecting children and their data consists of ensuring that companies obey child data protection laws and take all the required steps to ensure that kids’ data remains secure and private.
If you suspect your child’s data might have been improperly acquired or used by a mobile game or app without your permission, please call us today at 1 800 541-7358 or contact us by using the form on this page. We welcome the opportunity to speak with you about the case.