Although a ruling in Google’s favor on this issue could lead to the dismissal of the case, the judge emphasized that such a ruling would not address a legal question of the kind typically appropriate for interlocutory appeal. Judge Pitts suggested that any ambiguities surrounding COPPA’s actual knowledge requirement would be more appropriately resolved at a later stage in the proceedings, such as during summary judgment or trial.
The lawsuit, filed by the parents of several minors, accuses Google of permitting game developer Tiny Labs to track children’s web activity without parental consent. The plaintiffs contend that this tracking enabled advertisers to target children with behavioral advertising. Google argues that it removed Tiny Labs apps from the Google Play Store in 2018, but the plaintiffs claim the apps remained on devices beyond that year.
The plaintiffs also argue that Google did not adequately address issues with its AdMob software development kit until 2021, after a settlement with the New Mexico Attorney General’s Office over similar claims. Google contends that the claims are time-barred, but Judge Pitts allowed the case to proceed in June.
