However, in her latest ruling, Judge van Keulen found that the plaintiffs had strengthened their case by providing new allegations about Google’s knowledge of its illegal data collection. Specifically, the plaintiffs allege that content creators informed Google about YouTube’s non-compliance with the Children’s Online Privacy Protection Act (COPPA), and that Google was aware that children frequently used the platform.
“Based on these allegations, the court may reasonably infer at the pleading stage that Google knew it was collecting children’s data through YouTube in violation of COPPA,” Judge van Keulen stated. “The court cannot conclude, as a matter of law, that knowingly violating a statute does not constitute highly offensive behavior.”
The judge emphasized that this alleged knowledge distinguishes the case from earlier decisions where privacy claims were not upheld. The plaintiffs further argued that Google had created an internal narrative targeting children between the ages of 6 and 11, which led the court to reasonably infer that Google not only allowed children to use the main YouTube site but also tracked their data despite the existence of YouTube Kids.
