Children's Privacy: CDD files FTC Complaint Against Nickelodeon Spongebob App

In the latest legal development in the increasingly active world of children's privacy law, the Center for Digital Democracy announced that it had filed a complaint with the Federal Trade Commission against the cable network Nickelodeon and software developer PlayFirst over the SpongeBob Diner Dash game for iOS. According to the CDD's release, the description for the game in Apple's iTunes store inaccurately states that the app complies with the Children's Online Privacy Protection Act ("COPPA"):

As the complaint documents, Nickelodeon and PlayFirst engage in deceptive acts by representing in the privacy disclosure on the Apple App Store that the app’s “data collection is in accordance with applicable law, such as COPPA,” when in fact it is not. The SpongeBob Diner Dash game asks children to provide a wide range of personal information, including full name, email address, and other online contact information, without providing notice to parents or obtaining prior parental consent, as required by the Children’s Online Privacy Protection Act. Nor does the app provide an adequate description of the personal information it collects or how it is used.  

The FTC has not yet responded to CDD's request to investigate Nickelodeon and PlayFirst. CDD's complaint may be read here.

In a related matter, the FTC will reportedly release its update to the COPPA rules this week. These rules, which have been the subject of significant public discussion and comment, are the key regulatory requirements for those companies which collect personal information from children under the age of 13.