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The amount of civil penalties a court assesses may turn on a number of factors, including the egregiousness of the violations, whether the operator has previously violated the Rule, the number of children involved, the amount and type of personal information collected, how the information was used, whether it was shared with third parties, and the size of the company. In addition, certain federal agencies, such as the Office of the Comptroller of the Currency and the Department of Transportation, are responsible for handling COPPA compliance for the specific industries they regulate.
Information about the FTC’s COPPA enforcement actions, including the amounts of civil penalties obtained, can be found by clicking on the Case Highlights link in the FTC’s Business Center. COPPA gives states and certain federal agencies authority to enforce compliance with respect to entities over which they have jurisdiction. First, until you get your website or online service into compliance, you must stop collecting, disclosing, or using personal information from children under age 13.
In conducting your review, look closely at what information you collect, how you collect it, how you use it, whether the information is necessary for the activities on your site or online service, whether you have adequate mechanisms for providing parents with notice and obtaining verifiable consent, whether you have adequate methods for parents to review and delete their children’s information, and whether you employ adequate data security, retention, and deletion practices.
The term “online service” broadly covers any service available over the Internet, or that connects to the Internet or a wide-area network. COPPA is meant to give parents control over the online collection, use, or disclosure of personal information from children, and was not designed to protect children from viewing particular types of content wherever they might go online.
Examples of online services include services that allow users to play network-connected games, engage in social networking activities, purchase goods or services online, receive online advertisements, or interact with other online content or services. If you are concerned about your children accessing online pornography or other inappropriate materials, you may want to consider a filtering program or an Internet Service Provider that offers tools to help screen out or restrict access to such material.
If, after reviewing the FTC’s online materials, you continue to have specific COPPA questions, please send an email to our COPPA hotline at Coppa Hot [email protected] You also may call our toll free telephone number, (877) FTC-HELP, to submit your complaint to a live operator.
COPPA applies to personal information collected online by operators of both websites and online services.