Furthermore, the judge agreed to dismiss the plaintiffs’ unjust enrichment claims. She found that the plaintiffs had failed to demonstrate that the defendants were unjustly enriched, as users do not pay for access to YouTube, and the plaintiffs did not sufficiently challenge the defendants’ arguments.
This decision marks a significant milestone in a case that has been ongoing for over five years. It follows a $170 million settlement in 2019 between Google, YouTube, the Federal Trade Commission (FTC), and New York’s Attorney General over allegations that YouTube violated COPPA by knowingly collecting children’s data.
The case was initially dismissed by U.S. District Judge Beth Freeman in 2021, but the Ninth Circuit revived the lawsuit in 2023, ruling that state law privacy claims were not preempted by COPPA. The plaintiffs then filed multiple amended complaints, including a 191-page complaint in late 2023.
Although the case has faced several challenges, Judge van Keulen’s ruling allows the litigation to continue against Google and YouTube. However, the claims against other defendants have been significantly narrowed.
