E-mail Marketing and Children

For many email and web marketers, the youth market represents a tempting financial opportunity. But the legal risks are significant—and ignoring them can be costly.

The Children’s Online Privacy Protection Act (COPPA), first enacted in 1998 and enforced by the Federal Trade Commission (FTC) since April 2000, regulates how online businesses handle personal information from children under 13. COPPA is still very active today. Recent enforcement actions have shown that fines can reach millions of dollars. For instance, in 2019 Google and YouTube were fined $170 million for violating COPPA by collecting children’s data without parental consent.

So, what does COPPA require?

• Websites, apps, and online services directed to children—or that knowingly collect data from children under 13—must clearly post a privacy policy.
• They must obtain verifiable parental consent before collecting, using, or disclosing personal information.
• They must take steps to protect children’s privacy and safety online, including restrictions on targeted marketing.

For website and app owners, this means you need to carefully monitor who is signing up, what information is being collected, and whether parental consent is obtained. The consequences of noncompliance are steep—financially, legally, and reputationally.

The takeaway: Do not ignore underage users. If your platform has any chance of attracting children, build compliance into your marketing and data practices from the start.

For specific guidance on your situation, consult a qualified attorney.

John Bradley Jackson

Top Dog

The BirdDog Group