On February 16, 2022, the United States Federal Trade Commission reached a $1.5 million settlement with defendants, WW International (WW) and its wholly-owned subsidiary, Kurbo, Inc. Defendants allegedly violated the Children’s Online Privacy Protection Act of 1998 (COPPA) and Section 5 of the FTC Act by collecting and using children’s personal information without providing notice to or obtaining prior consent from their parents. Additionally, the defendants were accused of retaining children’s personal information “for longer than reasonably necessary to fulfill the purpose for which the information was collected.”
According to the proposed stipulated order, Kurbo and WW will pay a $1.5 million civil penalty and are permanently enjoined from further violations of COPPA. The settlement also requires that these companies delete personal information gathered without adequate parental notice and consent, as well as any work product that resulted from the unlawful acquisition of such data. Lastly, the companies must provide the FTC with a written description of their compliance process and adhere to a schedule of reporting administered by the FTC.