While Google defended its actions, claiming that its privacy policies and terms of service were sufficient disclosures, Judge van Keulen rejected this argument. She noted that these terms did not provide clear evidence that the plaintiffs were aware of or consented to the data collection, particularly given the age of the children involved.
The plaintiffs have also been allowed to move forward with some of their allegations that Google violated state consumer protection laws by collecting minors’ data without parental consent. The court found that the plaintiffs’ allegations of privacy loss provided grounds for pursuing damages under the laws of several states, including Indiana, Massachusetts, and New Hampshire. Additionally, the court determined that the plaintiffs could seek equitable relief under the laws of Florida, Massachusetts, Michigan, New Hampshire, and Tennessee.
However, the judge dismissed the claims against the various YouTube channel owners, such as Cartoon Network, Hasbro Studios, Mattel, and PocketWatch, as the plaintiffs did not show that these companies directly participated in the collection of data. “Unquestionably, the channel owners did not engage in that collection,” Judge van Keulen wrote, rejecting any direct liability for them.
