FTC Files Brief in Jones v. Google in Support of Appeals Court Ruling that COPPA Does Not Preempt Plaintiffs’ State Privacy Claims

The Federal Trade Commission (“FTC”) has filed a brief supporting a federal appeals court's ruling in the case of Jones v. Google. The FTC argues that state privacy laws consistent with the Children's Online Privacy Protection Act (“COPPA”) are not preempted by COPPA itself. The case involves children alleging that Google collected their data and tracked their online activity in violation of state laws. Previously, Google and YouTube reached a settlement with the FTC and the state of New York, agreeing to pay $170 million for similar conduct violating COPPA. Initially, a federal district court found COPPA preempted the state law claims, but the plaintiffs appealed. The appeals court ruled that COPPA does not preempt the state law claims, stating that state laws supplementing or requiring the same as federal statutes are not inconsistent.

Google has requested a review by the full Ninth Circuit, and the court asked the FTC to provide its perspective on the preemption clause in COPPA. In its amicus brief, the FTC argues against Google's broad interpretation, asserting that COPPA's preemption clause only applies to inconsistent state laws. The FTC maintains that the plaintiffs' claims in this case are consistent with COPPA. The Commission voted 3-0 to authorize the filing of the amicus brief.

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