Examining the Nuances of Meta's Alleged COPPA Infractions

CLAIMS FOR RELIEF

COUNT I: COPPA VIOLATIONS BY META (15 USC § 6501 et seq.; 16 C.F.R. § 312.1 et seq.)

851. The Filing States reallege and incorporate herein by reference each of the allegations contained in the preceding paragraphs as though fully alleged in this cause of action.

852. Meta has repeatedly collected, used, or shared personal information about children under the age of 13 and continues to systematically do so.

853. Meta has failed and continues to fail to provide direct notice to parents about the information it collects from children and how it uses such information, and its disclosure practices are in violation of Sections 312.4(b) and 312.4(c) of the COPPA Rule, 16 C.F.R. § 312.4(b)- 312.4(c).

854. Meta has failed and continues to fail to provide sufficient notice on its Social Media Platforms about the information it collects from children and how it uses such information, and its disclosure practices are in violation of Section 312.4(d) of the COPPA Rule, 16 C.F.R. § 312.4(d).

855. Meta has failed to obtain verifiable parental consent prior to collecting or using any personal information of children, in violation of Section 312.5 of the COPPA Rule, 16 C.F.R. § 312.5.

856. Under 16 C.F.R. § 312.9, a violation of COPPA constitutes an unfair or deceptive act or practice, in violation of 15 U.S.C. § 45.

857. The Filing States have reason to believe that Meta has violated COPPA and the COPPA Rule with respect to residents of each filing state. 858. Under 15 U.S.C § 6504, the Attorneys General of the Filing States are empowered to bring a civil action to:

a. Enjoin practices which violate COPPA and the COPPA Rule;

b. Enforce compliance with the COPPA Rule;

c. Obtain damages, restitution, and other compensation; and

d. Obtain such other relief as the Court may consider appropriate.

859. Absent injunctive relief by this Court, Meta is likely to continue to violate the COPPA Rule.