California Appellate Tracker

Jones v. Google LLC, No. 21-16281, 2022 U.S. App. LEXIS 35762 (9th Cir. Dec. 28, 2022)

December 29, 2022

The federal Children’s Online Privacy Protection Act (COPRA; 15 USC 6501-6506) and the FTC’s implementing regulations (16 CFR 312.2) forbid collection of children’s “persistent identifiers” without parental permission. Here, plaintiffs alleged solely state law claims against Google for tracking their children’s internet usage of YouTube using persistent identifiers without their parents’ permission. COPRA’s express preemption provision (15 USC 6502(d)) preempts only state laws that treat the covered activities “inconsistently” with federal law. Here, plaintiffs invoked state laws that they alleged paralleled COPRA’s prohibitions. State laws that supplement or require the same thing as federal law are not inconsistent and are not expressly preempted. For the same reasons, such laws are not conflict preempted either.

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California Appellate Tracker

Jones v. Google LLC, No. 21-16281, 2022 U.S. App. LEXIS 35762 (9th Cir. Dec. 28, 2022)

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