In a class action lawsuit filed in Washington federal court, Emery | Reddy, PLLC is taking on one of the world’s largest entertainment companies, The Walt Disney Company, over alleged violations of children’s privacy rights. The case accuses Disney of unlawfully collecting personal data from minors through its YouTube content, in direct violation of the Children’s Online Privacy Protection Act (COPPA).
Emery | Reddy’s managing member and attorney for the plaintiffs, Timothy W. Emery, issued a powerful statement to Law360: “The law is clear: each child in this great country is afforded the most robust protection of their right to privacy.”
This case not only underscores the importance of digital privacy in today’s media landscape, it also highlights Emery | Reddy’s commitment to protecting vulnerable populations and holding powerful corporations accountable.
The Allegations Against Disney
The complaint, filed on behalf of several minors and their guardians from Colorado, California, and Washington, alleges that Disney failed to properly label thousands of its YouTube videos as “made for kids.” This omission allowed YouTube and its advertising partners to collect personal data from children under 13 without parental consent.
According to the lawsuit, Disney uploaded tens of thousands of videos across more than 1,250 YouTube channels since 2020. These videos, which include cartoons, animations, and movie clips, are “clearly and unmistakably” directed at children. Yet, by not tagging them appropriately, Disney enabled behavioral advertising practices that are both unlawful under COPPA and highly offensive to a reasonable person, the plaintiffs argue.
The result? A massive breach of privacy that allegedly generated substantial advertising revenue for Disney and its affiliates at the expense of children’s rights.
Why This Case Matters
COPPA was enacted to protect children under 13 from having their personal information collected online without parental consent. It’s one of the most stringent privacy laws in the United States, and for good reason: children are especially vulnerable to data exploitation and targeted advertising.
The lawsuit claims that Disney’s failure to comply with COPPA allowed YouTube’s algorithm to harvest data and serve targeted ads to young viewers. Academic research cited in the complaint estimates that individual user data can be worth $240 or more per year to advertisers, with children’s data commanding a premium due to its potential for early brand capture and influence.
This isn’t just a legal issue, it’s an ethical one. Reasonable parents, the plaintiffs argue, would not have allowed their children to access Disney’s YouTube content had they known their privacy was being violated.
Emery | Reddy’s Role in the Fight for Justice
Emery | Reddy is representing the plaintiffs in this case with attorneys Timothy W. Emery, Patrick B. Reddy, Paul Cipriani, and Brook Garberding leading the charge. This lawsuit is just the latest example of our firm’s leadership in complex class action litigation. From employment law violations to consumer protection cases, Emery | Reddy has built a reputation for taking on powerful entities and securing meaningful outcomes for its clients.
A Pattern of Privacy Violations
The Disney lawsuit follows a September 2 settlement agreement between Disney and the Federal Trade Commission (FTC), in which Disney agreed to pay $10 million and update its content labeling practices to resolve claims that it unlawfully collected children’s data. While Disney did not admit liability, the settlement underscores the seriousness of the allegations and the growing scrutiny around corporate data practices.
This isn’t the first time YouTube has faced legal consequences for tracking children online. In 2019, Google and YouTube paid a record $170 million to settle claims brought by the FTC and the New York attorney general for similar violations.
The Washington class action adds another layer to this ongoing saga, with Emery | Reddy at the forefront of the legal movement to protect children’s digital rights.
A Broader Commitment to Privacy and Accountability
Emery | Reddy’s involvement in this case reflects a broader commitment to protecting the rights of individuals in the digital age. Whether it’s workers facing wage theft or families dealing with privacy violations, our attorneys are dedicated to ensuring that no one is above the law.
To learn more, visit our blog for more educational content to help Washington residents understand their rights and navigate legal challenges. Topics range from employment law and workers’ compensation to consumer protection and digital privacy.
