iOS Developer Pays $50k FTC Fine

August 15, 2011 -

The iOS app maker responsible for games such as Zombie Duck Hunt, Truth or Dare, and Emily's Dress Up today settled with the Federal Trade Commission for collecting children's personal data in its iPhone and iPod touch apps. Broken Thumbs Apps and its parent company W3 Innovations were targeted by an FTC lawsuit on Friday. Today the company announced a settlement.

The FTC alleged in its complaint that W3 "collected, maintained, and/or disclosed personal information" entered into its kid apps such as emails and other private information. This included a list of more than 30,000 e-mails as well as personal information from more than 300 Emily's Girl World App users and 290 Emily's Dress Up users. Some of W3's apps asked children to enter names before beginning the game or leave comments on a blog related to the app, details of which are saved to W3's archives.

The FTC further alleges that these apps were clearly marketed to children and that the company has seen more than 50,000 app downloads since it first began offering games on the iPhone and iPod touch. Because these apps send and receive information via the Internet, the FTC said that they were in violation of the Children’s Online Privacy Protection Act (COPPA) and the FTC's COPPA Rule, which requires parents to give consent before the company collects or uses the personal information of children. With W3/Broken Thumbs, parents were not aware that their kids' details were being collected and used for marketing purposes.

The company quickly acquiesced to the complaint and has paid a $50,000 fine. It also agreed to delete all personal information that was collected in violation of the COPPA Rules and claims that it won't make any future Rule violations.

US Representative Ed Markey (D-MA) applauded the FTC's decision to pursue W3:

"Since COPPA was signed into law in 1998, children increasingly connect to the Internet on the go, using an array of mobile apps and new services that did not exist when the law was enacted," Markey said in a statement. "Earlier this year, I introduced the ‘Do Not Track Kids Act’ with Congressman Joe Barton to bring COPPA up to date and add additional safeguards for teens. I look forward to working with my colleagues to move forward our bipartisan bill so that we can provide strong protections for children and teens, enabling them to learn, communicate and enjoy entertainment in a safe online environment."

Senator Amy Klobuchar (D-MN), agreed with Markey:

"This settlement is an important victory for online and mobile privacy. Mobile apps can be great tools for kids to learn and have fun, but parents should never have to worry that their child’s personal information is being collected or violated. I will continue to make sure we have clear rules of the road that allow consumers to have more control over their online and mobile information," she said in a statement.

Source: Ars Technica

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prh99John Romero's Christmas present, a custom Icon of Sin sculpture. http://www.pcgamer.com/john-romero-gets-the-icon-of-sin-for-christmas/12/25/2014 - 3:37am
Matthew Wilsonthe interview will be on youtube/xb1/ andriod today.12/24/2014 - 1:05pm
james_fudge1900's?12/24/2014 - 12:56pm
james_fudgeYeah we could go way way back :)12/24/2014 - 12:56pm
E. Zachary KnightCopyright law in general has been broken since at least 1976. Could be even earlier than that.12/24/2014 - 12:24pm
james_fudgeWhat he said :) They want to make it worse than it already is.12/24/2014 - 12:14pm
Papa MidnightDMCA has been broken since 1998. Good luck getitng Congress to do something about it.12/24/2014 - 11:39am
Craig R.At least they owned up to the mistake. But doesn't change the fact that DMCA is thoroughly broken.12/23/2014 - 5:23pm
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MaskedPixelantehttp://www.neogaf.com/forum/showpost.php?p=144500932&postcount=740 Yup, DSFix was part of an unrelated take down, and is being resolved.12/23/2014 - 8:04am
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Papa MidnightIt was most likely an automated tool. Happens all the time. Just another case of the broken DMCA Claim and Takedown process that puts the entirety of the burden of proof on the accused instead of the claimant.12/22/2014 - 10:09pm
Conster*applauds IanC*12/22/2014 - 7:37pm
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Matthew Wilsonhttp://www.neogaf.com/forum/showpost.php?p=144440299&postcount=1 wtf is namco thinking.......12/22/2014 - 6:17pm
MaskedPixelantehttp://www.joystiq.com/2014/12/22/read-the-fine-print-ubisoft-free-game-offer-waives-lawsuits/12/22/2014 - 6:00pm
Papa MidnightI kind of liked the movement to have Terry Crews play him instead, but this will do.12/22/2014 - 3:40pm
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IanCOh theres a Max Payne 3? A proper one, or are we referring to that abomination that Rockstar crapped out a few years ago12/22/2014 - 12:48pm
 

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