By Tony DiResta, Partner at Winston & Strawn LLP and WOMMA General Counsel

The following are excerpts from the full post.

In the FTC’s first case involving mobile applications, the Commission charged a developer of apps as well as the company’s president and owner with violations of the Children’s Online Privacy Protection Act (“COPPA”).  Specifically, W3 Innovations (d/b/a Broken Thumbs Apps) develops and distributes mobile apps that allow users to play games and share information online.  Several of W3’s apps were specifically directed to children, and were listed in the Games-Kids section of Apple’s App Store.  W3’s games include “Cootie Catcher” and “Truth or Dare,” as well as a group of apps that invited kids to email questions and comments to “Emily” and submit postings to the Emily Blog.

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This case demonstrates that the FTC views apps as “online services” potentially subject to COPPA. Companies should thus ensure that where appropriate their apps comply with COPPA.  In particular, companies should take care with the following types of apps: apps that are directed to children, apps that are appealing to children, or apps through which companies know that they collect children’s information.