Ninth Circuit Holds COPPA Does Not Preempt Consistent State Law Claims Premised on COPPA Violations

Amy Heath and Kathryn Cahoy of Covington and Burling write:

The Ninth Circuit recently held that the Children’s Online Privacy Protection Act, which gives the Federal Trade Commission authority to regulate the online collection of personal information from children under the age of 13, does not preempt consistent state law, potentially increasing the risk of class action litigation based on alleged COPPA violations. See Jones v. Google LLC, No. 21-16281, — F.4th —- (9th Cir. 2022).

COPPA’s preemption provision states that “No State or local government may impose any liability . . . in connection with an activity or action described in this chapter that is inconsistent with the treatment of those activities or actions under this section.”