Silver Golub & Teitell is lead counsel for a proposed class of children suing Google Google LLC (“Google”) and YouTube LLC (“YouTube”), as well as children’s entertainment companies that operated YouTube channels such as Hasbro, Mattel, Cartoon Network and others alleging that their personal information was illegally collected, stored, analyzed and then used to show them and other children advertisements which were calculated to influence their behavior. SGT's clients have brought common law privacy claims as well as unfair and deceptive business practices claims under the consumer protection statutes of multiple states.
In December 2022, SGT obtained a landmark unanimous decision from a three-judge panel Ninth Circuit Court of Appeals panel holding that state law remedies for violations of state law overlapping with COPPA violations were not preempted, reversing the decision of the District Court, who had twice ruled that SGT's clients' claims were pre-empted by COPPA. The opinion can be read here.
The case is Hubbard et al. v. Google et al., 5:19-cv-07016 (N.D. Cal.) and is pending in the United States District Court for the Northern District of California before Judge Beth L. Freeman.