A federal judge in Newark has dismissed multidistrict litigation against Google Inc. and Viacom Inc., rejecting claims that the companies’ online data collection violates the privacy of children under 13.
Brought on behalf of children who visit three Viacom websites—Nick.com, NickJr.com and Neopets.com—the litigation failed to state a claim under the Video Privacy Protection Act, or VPPA, because no showing was made that the companies ever learn the children’s actual identities, U.S. District Judge Stanley Chesler of the District of New Jersey said. And the claim under the tort of intrusion upon seclusion failed because the defendants’ conduct would not be “highly offensive” to a reasonable person, Chesler said in his Jan. 20 ruling.
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