Calif. AG Assails COPPA Preemption In Facebook Ad Appeal

Law360, New York (March 25, 2014, 7:32 PM EDT) -- California Attorney General Kamala Harris told the Ninth Circuit on Friday that a federal judge misconstrued preemptive language in the Children’s Online Privacy Protection Act when ruling that state parental consent laws had no bearing on a $20 million class settlement over Facebook Inc.’s appropriation of user photos for ads.

The amicus brief argued that a California federal judge had failed to realize that although COPPA preempts state laws that are affirmatively inconsistent with its privacy protections, it leaves intact statutes that supplement or complement the...
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