FTC Rejects Requests to Delay July 1, 2013 COPPA Effective Date

Published On May 9, 2013 | By Jon Frankel | FTC & State AG, Privacy
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FTC_headquartersDespite requests from the Internet Association, Interactive Advertising Bureau, US Chamber of Commerce, the Application Developers Alliance, and a group of other trade associations, the FTC has decided to retain the July 1, 2013 effective date of the new COPPA rules.  On May 6, 2013, the FTC sent a letter announcing that it would reject the request  from industry groups to delay the July 1, 2013 effective date.  The industry groups had asked that the FTC delay the compliance date to allow businesses more time to make the necessary changes to comply with the new Rule.  Privacy groups, including the Center for Digital Democracy, Common Sense Media, Consumer Watchdog, Electronic Privacy Information 15, and others urged the Commission to keep the effective date, arguing that a delay is “unwarranted,” would harm children and “undermine the goals of both Congress and the FTC.”

The FTC ultimately agreed with the privacy groups, noting that the COPPA Rulemaking process began over three years ago and the new rule was announced on December 19, 2012, providing companies with more than six months to study the new Rule and make any necessary changes.  The FTC also stated that in the early months of the new rule implementation, “the Commission will exercise prosecutorial discretion in enforcing the Rule, particularly with respect to small businesses that have attempted to comply with the Rule in good faith.”

For more information on the COPPA, see our numerous COPPA blogs.

About The Author

Jon Frankel has been advising clients on privacy, data security, e-commerce, intellectual property and litigation matters for more than 15 years. Jon provides practical advice to mitigate privacy and data security risks and helps clients navigate a myriad of complex data collection, use and sharing cases. Jon advises on health and children’s privacy; email, SMS and telemarketing; mobile applications; user generated content; contests, promotions, and sweepstakes, online gaming; and requests from law enforcement. Prior to joining ZwillGen, Jon was a partner in the Washington, D.C. office of Bingham McCutchen, LLP, where he co-chaired the Privacy and Security Group.