The plaintiffs argue that Disney and its partners violated COPPA, the Children’s Online Privacy Protection Act, a federal law designed to protect the privacy of children on the Web. The lawsuit, filed in U.S. District Court for the District of Northern California, seeks an injunction barring the companies from collecting and disclosing the data without parental consent, as well as punitive damages and legal fees.
The lawsuit alleges that Disney allowed the software companies to embed trackers in apps such as “Disney Princess Palace Pets” and “Where’s My Water? 2.” Once installed, tracking software can then “exfiltrate that information off the smart device for advertising and other commercial purposes,” according to the suit.
Disney should not be using those software development companies, said Jeffrey Chester, the executive director of the Center for Digital Democracy. “These are heavy-duty technologies, industrial-strength data and analytic companies whose role is to track and monetize individuals,” Chester said. “These should not be in little children’s apps.”
Disney said the lawsuit is misguided and intends to defend against it in court. “Disney has a robust COPPA compliance program, and we maintain strict data collection and use policies for Disney apps created for children and families,” the company said in a statement Monday. “The complaint is based on a fundamental misunderstanding of COPPA principles, and we look forward to defending this action in Court.”
This is not the first time Disney has faced litigation over alleged COPPA violations. In 2011, the FTC penalized a Disney subsidiary, Playdom, $3 million after it was found to have registered about 1.2 million users, most of them children, for online games. The FTC’s lawsuit said Disney collected children’s email addresses and ages, and allowed them to volunteer information such as their full names, instant messenger handles and physical locations as part of their online profiles.
Kochava, Upsight and Unity did not immediately respond to requests for comment on the lawsuit.
Many of Disney’s gaming apps are immensely popular. According to the Google Play store, “Where’s my Water? 2” has been installed between 100 million and 500 million times; “Moana Island Life” has been installed between 1 million and 5 million times; and, in another measure of the company’s online success, “Disney Princess Palace Pets” has been reviewed more than 6,000 times by iOS users.
The class-action suit was filed on behalf of a San Francisco woman named Amanda Rushing and her child, “L.L.” As a class action, the case also seeks to represent consumers in 35 states.
The full list of affected apps named in the complaint includes:
Disney Princess: Story Theater
Disney's Magic Timer by Oral-B
Disney Princess: Charmed Adventures
Frozen Free Fall: Icy Shot
Good Dinosaur Storybook Deluxe
Inside Out Thought Bubbles
Miles from Tomorrowland: Missions
Palace Pets in Whisker Haven
Sofia the First Color and Play
Sofia the First Secret Library
Star Wars: Puzzle DroidsTM
Where’s My Water? Lite/Where’s My Water? Free
Zootopia Crime Files: Hidden Object