The Federal Trade Commission recently announced an enforcement order against edtech company Edmodo for allegedly violating the Children’s Online Privacy Protection Act. In its complaint, the FTC alleged that Edmodo violated COPPA by collecting, using, and disclosing personal information from children without obtaining “verifiable parental consent,” and retaining the personal information collected for longer than the FTC asserted was reasonably necessary to fulfill the purpose for which it was collected.

In addition, the FTC alleged that Edmodo had illegally delegated its COPPA compliance obligations to schools under its terms of use in violation of the FTC Act’s prohibition on unfair practices. This case contains a few notable firsts in the edtech context, including the first time the FTC has alleged an unfair trade practice in the context of an operator’s interaction with schools, and through this enforcement action, it continues to reinforce its position that edtech providers cannot offboard their privacy obligations to the schools they service. This Update discusses the key points from the enforcement order.

Read the full Update here.

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Photo of Lisa Oratz Lisa Oratz

Lisa Oratz has more than 35 years of experience representing clients at the various intersections of technology, intellectual property (IP), and entertainment law. She currently serves as the co-lead of the firm’s Film & Television industry group. Her practice involves product counseling work…

Lisa Oratz has more than 35 years of experience representing clients at the various intersections of technology, intellectual property (IP), and entertainment law. She currently serves as the co-lead of the firm’s Film & Television industry group. Her practice involves product counseling work for clients, with a focus on IP matters, content liability, and privacy and regulatory compliance.

Photo of Samantha Ettari Samantha Ettari

Samantha Ettari is a member of the firm’s Privacy & Data Security practice. Sam counsels clients on a wide range of privacy, data security, and artificial intelligence matters, including online and mobile advertising, consumer rights, data management, and consumer protection.

Photo of Ananth Iyengar Ananth Iyengar

Ananth Iyengar counsels clients in the life sciences, technology, consumer products and telecommunications industries on a variety of privacy and data protection matters. Ananth’s work has included managing the design, strategy and implementation of global privacy programs at multinational organizations, as well as…

Ananth Iyengar counsels clients in the life sciences, technology, consumer products and telecommunications industries on a variety of privacy and data protection matters. Ananth’s work has included managing the design, strategy and implementation of global privacy programs at multinational organizations, as well as drafting privacy policies and procedures, privacy program governance structures, cross-border data transfer mechanisms and data breach response procedures.

Photo of Bipasana Joshee Bipasana Joshee

Bipasana Joshee counsels clients on a wide range of issues related to privacy and product counseling such as compliance with the EU General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and the Family Educational Rights and Privacy Act (FERPA).

Photo of Gabriella Gallego Gabriella Gallego

Associate Gabriella Gallego has experience with data security and privacy litigation matters involving the Electronic Communications Privacy Act, Stored Communications Act and other federal and state statutes.

Photo of Zoe Wood Zoe Wood

Zoe graduated from the University of Washington School of Law, where she served as the chief articles editor of the Washington Journal of Law, Technology & Arts. She was also the co-president of the Cyber Law Association of Washington.