FOLLOW US

Google has agreed to pay $8.25 million to resolve a proposed class action alleging the company improperly collected personal data from children under 13 through child-directed mobile apps, according to a settlement motion filed in California federal court.

Parents representing minor children asked the court on Tuesday to grant preliminary approval of the nonreversionary settlement, arguing the agreement delivers a meaningful recovery while avoiding years of uncertain and costly litigation. If approved, the deal would fully resolve the claims.

In their filing, the parents said the settlement amount reflects a realistic outcome given the risks of trial. They noted that even if the children succeeded on liability, a jury could still award only nominal damages, potentially limiting recovery to as little as one dollar per child.

The lawsuit was filed in June 2023 on behalf of six children and seeks to represent millions of minors who used apps enrolled in Google’s Designed for Families program. The program, launched in 2015, allows developers to label apps on the Google Play Store as suitable for children.

According to the complaint, Google’s AdMob advertising platform supplied app developers with software that enabled the collection of persistent identifiers and other personal data from users, including children, without verified parental consent. The data was allegedly used to deliver targeted advertising while children interacted with the apps.

The parents claimed Google’s conduct violated the federal Children’s Online Privacy Protection Act, as well as state consumer protection laws in California and Florida. COPPA restricts the collection of personal information from children under 13 without parental authorization.

In June 2024, U.S. District Judge P. Casey Pitts rejected Google’s attempt to dismiss the case as untimely, finding that the children plausibly challenged Google’s proposed timeline for when the alleged violations became discoverable. The judge later declined to allow an immediate appeal.

The parties notified the court in September that they had reached a settlement in principle and finalized their agreement in December.

Court filings estimate the settlement class could include between 3.8 million and 10 million children, excluding minors covered by a separate agreement reached by the New Mexico attorney general. The maximum potential class size could reach nearly 19.8 million children, according to the motion.

Under the proposed deal, plaintiffs’ counsel plan to seek up to $2.475 million in attorneys’ fees and reimbursement of expenses capped at $70,905. The children’s guardians will also request service awards of up to $500 each.

Separately, a federal magistrate judge on Tuesday granted final approval to a $30 million settlement resolving a related case filed in 2019 against Google, YouTube, and several content providers over similar allegations involving children’s data.

Attorneys for Google and the plaintiffs did not immediately respond to requests for comment.

The children and their parents are represented by attorneys from Silver Golub & Teitell and Lexington Law Group. Google is represented by counsel from Mayer Brown LLP and Wilson Sonsini Goodrich & Rosati PC.

The case is A.B., a minor, by and through his guardian Jen Turner et al. v. Google LLC et al., case number 5:23-cv-03101, in the U.S. District Court for the Northern District of California.