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New Mexico: AG announces lawsuit against Rovio for iIlegal collecting children's data
The New Mexico Attorney General ('AG'), Hector Balderas, announced, on 25 August 2021, a federal lawsuit against Rovio Entertainment Corporation, the developer of the 'Angry Birds' mobile game franchise. In particular, the lawsuit was filed under the federal Children's Online Privacy Protection Act of 1998 ('COPPA'), as well as the New Mexico's Privacy Protection Act. Moreover, the lawsuit alleges that Rovio intentionally collected personal information from children under 13 who play Angry Birds games, then sent this information to third-party marketing companies that analyse, repackage, resell, and use the information to sell advertising targeted to these children.
Lastly, AG Balderas noted that he requests the court to take the following measures against Rovio:
- enter a permanent injunction to prevent future violations and remedy ongoing and past violations of COPPA, the Federal Trade Commission Act of 1914, the Uniform Parternship Act, and the common law tort of intrusion upon seclusion;
- award the State damages, restitution, disgorgement, punitive damages, or other compensation on behalf of residents of the State, and such other relief as the court may consider to be appropriate, for each violation of COPPA;
- award the State monetary civil penalties from the defendant;
- award the State punitive damages;
- award reasonable attorneys' fees and also expenses attributable to both investigating and conducting the litigation; and
- award other and additional relief the court may determine to be just and proper.
You can access details on the OCR notification here and full text of the federal lawsuit here.