Privacy of Children Online: COPPA Violations in Gaming Apps

It happens every evening in living rooms from Kanawha City to the quiet neighborhoods of Teays Valley. A parent finishes dinner, cleans up the kitchen, and hands a tablet to their child to buy a few minutes of peace. The child opens a colorful, seemingly harmless game, maybe a puzzle app or a popular battle royale game, and disappears into a digital world.

For most West Virginia parents, the biggest worry in this moment is screen time or perhaps the cost of in-app purchases. But beneath the bright graphics and catchy sound effects, a much more silent and serious transaction is often taking place. The app may be harvesting your child’s personal data, their location, their voice, their chat history, and even their physical likeness and selling it to advertisers or storing it on insecure servers.

This isn’t just a breach of trust; it is often a violation of federal law. The Children’s Online Privacy Protection Act (COPPA) was designed to stop these exact predatory practices. Yet, despite these protections, major tech companies and app developers continue to view our children not as vulnerable users, but as data points to be monetized.

The Reality of Data Collection in Gaming

Many parents assume that “free” games make their money solely through ads or optional costume purchases. While that is part of the business model, the data economy is far more lucrative. When a child in Huntington logs into a gaming app, that application might immediately request access to the microphone, camera, and location services.

Once granted, often through a confusing interface that a child might click through without reading, the device becomes a surveillance tool. “Persistent identifiers” are hidden codes that track a user’s behavior across different apps and websites, and start building a profile. They know where the child lives, what school district they are in, who their friends are, and what times of day they are active.

In recent years, we have seen major settlements involving titans of the gaming industry. For instance, the Federal Trade Commission (FTC) secured a record-breaking $520 million settlement from Epic Games, the maker of Fortnite, over allegations that it violated COPPA by collecting personal information from children under 13 without parental consent and by using “dark patterns” to trick players into making purchases.

These aren’t abstract problems happening in Silicon Valley. They affect families right here in Charleston, Beckley, and throughout the Mountain State. When companies ignore the law to boost their bottom line, they expose our children to targeted advertising, identity theft, and potentially dangerous interactions with strangers.

How Do Gaming Apps Violate Children’s Privacy Laws?

Under COPPA, gaming apps and websites must obtain verifiable parental consent before collecting personal information like names, locations, or voice recordings from children under 13. Violations occur when apps collect this data automatically, fail to provide clear privacy notices, or retain data longer than necessary.

The core of COPPA is the requirement for “verifiable parental consent.” This means an app cannot simply ask, “Are you over 18?” and accept a “Yes” click as sufficient. If an app is directed at children using cartoon characters, simple language, or bright colors it is presumed to have a child audience. Developers must take reasonable steps to ensure a parent knows what data is being collected and has given permission.

Common violations we see include:

• Passive Location Tracking: Many apps track GPS data in the background. For a child playing a game in a rural area like Lincoln County, this data can be surprisingly precise, potentially pinpointing their exact home address.
• Unmonitored Voice Chat: Some games enable voice chat by default. This not only allows the collection of voice biometric data but also exposes children to unmoderated communication with adults, a significant safety risk.
• Data Retention: Companies often keep data indefinitely. A child’s play history from five years ago should not still be sitting on a server, yet many companies fail to delete this information even after the account is closed.
• Third-Party Sharing: The most egregious violation involves sharing this data with third-party advertisers. Your child’s gaming habits should not be sold to data brokers who build consumer profiles for targeted marketing.

This regulatory framework is strict, but enforcement is a constant battle. While the FTC brings federal actions, the impact is felt locally. When a West Virginia child’s data is compromised, the harm is personal and immediate.

Can I Sue a Gaming Company for Collecting My Child’s Data in West Virginia?

While COPPA does not give individuals the right to sue directly, parents can file lawsuits based on state laws like the West Virginia Consumer Credit and Protection Act or common law privacy torts. These cases often rely on COPPA violations as evidence that the company failed its legal duty to protect the child.

It is a common misconception that you can sue “under COPPA.” Technically, COPPA does not have a “private right of action,” meaning only the FTC or State Attorneys General can bring suits specifically for violating that statute. However, this does not leave parents powerless.

Plaintiff attorneys frequently use a company’s failure to comply with COPPA as the foundation for other types of lawsuits. The logic is straightforward: COPPA establishes the standard of care. By failing to meet that federal standard, the company has acted negligently or deceptively.

In West Virginia, a lawsuit regarding data privacy might be pursued:

• Unjust Enrichment: Arguing that the company profited illegally from your child’s data and should return those profits.
• Breach of Contract: If the app’s “Terms of Service” promised privacy but the app delivered surveillance, they have broken their contract with you.
• Invasion of Privacy: As mentioned, West Virginia’s recognition of intrusion upon seclusion allows families to seek damages when their private sphere is violated.
• Class Action Status: Because these apps affect millions of users, these cases are often filed as class actions. A parent in Morgantown or Parkersburg could serve as a lead plaintiff in a case representing thousands of affected families.

Navigating this is complex. It requires an attorney who understands the interplay between federal regulations like COPPA and state-level tort law. Filing in the Southern District of West Virginia requires specific knowledge of federal procedure, while filing in a state circuit court requires a deep understanding of West Virginia’s unique consumer protection history.

What Data Is Actually at Risk?

To understand the severity of these violations, it helps to look at exactly what is being taken. It is rarely just a “username.”

• Geolocation: This is the most dangerous. Apps can log coordinates every time the game is opened. Over time, this reveals a pattern of life: where the child sleeps, where they go to school (e.g., George Washington High School or Capital High), and where they spend their weekends.
• Device Identifiers: Every phone and tablet has a unique ID (like an IMEI or advertising ID). This allows advertisers to link the child’s gaming behavior to other activities on the device, such as YouTube viewing habits.
• Chat and Voice Logs: In games with social features, unencrypted chat logs can be stored. This means private conversations between friends or interactions with strangers are being stored in a database.
• Biometric Data: Some augmented reality (AR) games use the camera to map the user’s face. If this data is not handled correctly, it constitutes a collection of biometric information, which is highly protected under various privacy laws.

The Role of “Dark Patterns” in Privacy Violations

A key concept in recent litigation is “dark patterns.” These are design choices made by developers to trick users into doing things they didn’t intend to do. In the context of children’s apps, this often manifests as confusing buttons that make it nearly impossible to decline data tracking.

For example, a “Play” button might be bright green, while the “Do Not Track” option is a tiny, grey link hidden in the corner. Or, an app might constantly nag a child to turn on location services to “unlock” a special game feature. For a child, the desire to play the game overrides any understanding of privacy.

Courts are increasingly recognizing that a child cannot give meaningful consent in these situations. If an app uses a manipulative design to bypass parental controls, that is a significant legal liability for the developer.

What Should I Do If I Suspect My Child’s Privacy Was Violated?

If you suspect a violation, immediately request your child’s data from the app developer, document any suspicious activity with screenshots, and file a complaint with the FTC. Consulting with a privacy attorney can help determine if you have grounds for a civil claim.

Taking immediate action is critical. If you discover that an app has been tracking your child without your consent, follow these steps:

• Check the App’s Settings: Look for “Data Privacy” or “Request My Data” sections. Legally, companies must provide a way for you to review the data they have collected.
• Take Screenshots: If you find evidence of location tracking or chat logs that you didn’t approve, screenshot everything. This evidence can disappear if the company updates the app.
• Revoke Permissions: Go into your device settings (iOS or Android) and manually turn off camera, microphone, and location access for that specific app.
• File an FTC Complaint: Visit the Federal Trade Commission website and file a consumer complaint. While this doesn’t start a lawsuit for you personally, it helps federal regulators track bad actors.
• Contact Legal Counsel: Before you accept any small “refund” or credit from a gaming company, speak with a lawyer. Accepting a small payout might waive your right to join a larger class action lawsuit later.

Contact Powell & Majestro for a Free Consultation

If you are concerned about your child’s online safety and believe a gaming app has illegally collected their personal information, Powell & Majestro P.L.L.C. is here to help. We have the experience to challenge powerful corporations and the dedication to protect West Virginia families. Our team can review the specific apps your child used, evaluate the “Terms of Service” for violations, and help you determine if you have a claim for compensation. Do not let tech companies profit at the expense of your child’s privacy.

Call Powell & Majestro P.L.L.C. today at (304) 346-2889 or reach out through our online contact form to schedule your free consultation. Let us fight to keep your family’s private life private.