Google Must Face Revived Children’s Privacy Rights Class Claims

Google LLC must face a proposed class action accusing it of using persistent identifiers to collect and track children’s online behavior without their consent, after the Ninth Circuit reversed a trial court’s decision dismissing the suit.

A class of children, appearing through their guardians, brought the suit, alleging that Google’s behavior violated state privacy and consumer rights laws. The US District Court for the Northern District of California dismissed the suit in Aug. 2021, finding that the claims were preempted by the Children’s Online Privacy Protection Act.

The US Court of Appeals for the Ninth Circuit reversed the dismissal Wednesday, finding that preemption doesn’t bar the children’s claims, according to an opinion by Judge Margaret McKeown. COPPA’s preemption clause doesn’t bar state-law causes of action that are parallel to, or prohibit the same conduct banned by, COPPA, the opinion said.

The case was remanded so that the district court can consider in the first instance the alternative arguments for dismissal.

McKeown was joined by Judges Michael Daly Hawkins and Gabriel P. Sanchez.

The children and their guardians are represented by Silver Golub & Teitell LLP and Pritzker Levine LLP. Google is represented by Hogan Lovells US LLP.

The case is Jones v. Google LLC, 9th Cir., No. 21-16281, 12/28/22.