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The ExactTarget Blog

Be Careful: Marketing to Children Under 13

Friday, November 13, 2009 by Al Iverson
Marketing to children online? Be careful that you comply with COPPA, or else it'll cost you.

The Children's Online Privacy Protection Act of 1998, in effect from April 21, 2000, applies to the online collection of personal information from children under 13 years of age. It details what a website operator must include in a privacy policy, when and how to seek verifiable consent from a parent or guardian, and what responsibilities an operator has to protect children's privacy and safety online including restrictions on the marketing to those under 13. (Wikipedia)

What can happen if you don't comply? Here's an example. The FTC reports: "Iconix Brand Group, Inc. will pay a $250,000 civil penalty to settle Federal Trade Commission charges that it violated the Children’s Online Privacy Protection Act (COPPA) and the FTC’s COPPA Rule by knowingly collecting, using, or disclosing personal information from children online without first obtaining their parents’ permission."

The FTC alleges that "Iconix knowingly collected and stored personal information from approximately 1,000 children without first notifying their parents or obtaining parental consent." Additionally, the FTC alleged that "on one [specific] web site, MyMuddWorld.com, Iconix also enabled girls to publicly share personal stories and photos online."

The FTC has a pretty straightforward overview of how to comply with COPPA, available here, as well as a COPPA Frequently Asked Questions (FAQ) page.

FTC action against marketers who violate COPPA may be rare but this isn't the first instance we've seen. Last December, the FTC announced a $1,000,000 civil penalty settlement with Sony BMG Music. The FTC alleged that "on 196 of [Sony's] sites, Sony Music knowingly collected personal information from at least 30,000 underage children without first obtaining their parents' consent, in violation of COPPA."

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