On March 13, 2021, Paula Ridenti, as parent and guardian of her minor children, R.A. and R.M.A. (the “Ridenti Children,” or “Plaintiffs”), on behalf of themselves and all other children, represented by Edward F. Haber and Patrick J. Vallely of Shapiro Haber & Urmy LLP, filed a personal injury class action lawsuit against Google, LLC and YouTube LLC (the “Google Companies” or “Defendants”), represented by Adam A. Cooke and Edith Ramirez of Hogan Lovells US LLP, Gregory F. Noonan of Wilmer Cutler Pickering Hale & Dorr LLP and Justin P. O'Brien of Lovett O'Brien LLP, seeking actual, double or treble damages with both prejudgment and post-judgement interest for allegedly unlawfully collecting personal information. This case was filed in the U.S. Districts Court for the Northern District of California with Judge Sallie Kim presiding.
Class definition: “Plaintiffs bring this action pursuant to Rule 23 of the Federal Rules of Civil Procedure, on behalf of themselves and a Nationwide Class consisting of “All children residing in Massachusetts who, at a time when the children were under the age of thirteen, viewed videos on YouTube and from whom the Google Companies collected, used, or disclosed personal information without first obtaining verified parental consent.”
In its complaint, the Plaintiffs alleged that, “Google Companies have collected personal information without express parental consent, in violation of Mass. Gen. Laws Ch. 93A, §§ 2, 9 (“Chapter 93A”). The case arises out of the Google Companies’ unfair and unlawful collection of such information. YouTube and its content generators monetize videos posted on YouTube by allowing the Google Companies to present advertisements to viewers, from which both the channel owners and the Google Companies share revenue. In order to maximize advertising revenue, the Google Companies collect information from viewers and track the viewer’s online activities, thus permitting the Google Companies to present advertising that is specifically targeted to each particular viewer based on the particular viewer’s viewing history and other personal data the Google Companies have collected about the viewer”.
The Plaintiffs further alleged that, “Certain YouTube channels are plainly directed to children under the age of thirteen, and, in fact, the Google Companies have marketed YouTube to advertisers based in part on the Google Companies’ ability to target advertising to children under the age of thirteen. The Google Companies collected personal information from children under the age of thirteen in order to serve targeted advertising to them, all without receiving any consent from those children’s parents for the collection and use of such personal information. In September 2019, the FTC announced that the Google Companies would pay a $170 million fine for unfair practices in connection with the Google Companies’ YouTube platform. Specifically, the basis for the fine was the Google Companies’ collection of personal information from children under the age of thirteen without their parents’ consent, in violation of the FTC Act, the Children’s Online Privacy Protection Act (“COPPA”), and the FTC’s regulations under both acts”.
There is one claim for relief laid down by the Plaintiffs. In this claim, the Plaintiffs allege that Defendants have violated Mass. Gen. Laws Ch. 93A, §§ 2, 9 because they conducted the acts and practices which engaged the Google Companies in unfair acts or practices in the conduct of trade or commerce in violation of Chapter 93A, Sections 2 and 9.
In their prayer for relief, the Plaintiffs have requested the court to award actual, double or treble damages to Plaintiffs and the members of the class, with both prejudgment and post-judgement interest at maximum rate allowed by law.
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Disposed - Other Disposed
Susan van Keulen
Beth Labson Freeman
Patrick J. Vallely
Attorney at Shapiro Haber & Urmy LLP
Two Seaport Lane, 6Th Floor
Boston, MA 02210
Edward F. Haber
Attorney at Shapiro Haber & Urmy LLP
Two Seaport Lane, Floor 6
Boston, MA 02109
Attorney at Hogan Lovells
555 Thirteenth Street, Nw
Washington, DC 20004
Justin P. O'Brien
Attorney at Lovett O'Brien LLP
One Beacon Street, #1320
Boston, MA 02108
Gregory F. Noonan
Attorney at Wilmer Cutler Pickering Hale & Dorr LLP
60 State Street
Boston, MA 02109
Adam A. Cooke
Attorney at Hogan Lovells US LLP
555 Thirteenth Street, N.W.
Washington, DC 20004-1109
DocketFor Further Docket Entries See Lead Consolidated Action 5:19-cv-07016-BLF. (sfbS, COURT STAFF) (Filed on 4/20/2021) (Entered: 04/22/2021)Read MoreRead Less
Docket(#36) ORDER REASSIGNING CASE. Case reassigned to Judge Beth Labson Freeman for all further proceedings re #35 Order Relating and Consolidating Cases. The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Judge Haywood S. Gilliam no longer assigned to case. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 4/20/2021) (Entered: 04/20/2021)Read MoreRead Less
Docket(#35) ORDER RELATING AND CONSOLIDATING CASES. Signed by Judge Beth Labson Freeman on 4/20/2021. (blflc2S, COURT STAFF) (Filed on 4/20/2021) (Entered: 04/20/2021)Read MoreRead Less
Docket(#34) CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for July 13, 2021, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by July 6th. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:21-cv-02313-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 4/16/2021) (Entered: 04/16/2021)Read MoreRead Less
Docket(#33) ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case,. Signed by The Clerk on 4/15/21. (haS, COURT STAFF) (Filed on 4/15/2021) (Entered: 04/15/2021)Read MoreRead Less
Docket(#32) CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mklS, COURT STAFF) (Filed on 4/15/2021) (Entered: 04/15/2021)Read MoreRead Less
Docket(#31) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Google LLC, YouTube LLC.. (Ramirez, Edith) (Filed on 4/14/2021) (Entered: 04/14/2021)Read MoreRead Less
Docket(#30) Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 7/5/2021. Initial Case Management Conference set for 7/12/2021 at 1:30 PM in San Francisco, Courtroom C, 15th Floor. (tnS, COURT STAFF) (Filed on 3/31/2021) (Entered: 03/31/2021)Read MoreRead Less
Docket(#29) CASE TRANSFERRED in from United States District Court for the District of Massachusetts (Boston); Case Number 1:20-cv-10517-NMG. Original File Certified Copy of Transfer Order and Docket Sheet Received. (Entered: 03/31/2021)Read MoreRead Less
Docket(#28) Case transferred Electronically to the District of Northern District of California. (Vieira, Leonardo) (Entered: 03/30/2021)Read MoreRead Less
Docket(#10) Recommendations for Scheduling Order Joint Motion to Enter Scheduling Order. (Attachments: #1 Text of Proposed Order)(O'Brien, Justin) (Entered: 05/05/2020)Read MoreRead Less
Docket(#9) CORPORATE DISCLOSURE STATEMENT by Google LLC, Youtube, LLC identifying Other Affiliate Google LLC, Other Affiliate Alphabet Inc., Other Affiliate XXVI Holdings Inc. for Youtube, LLC; Other Affiliate Alphabet Inc., Other Affiliate XXVI Holdings Inc. for Google LLC.. (O'Brien, Justin) (Entered: 05/05/2020)Read MoreRead Less
Docket(#8) MOTION for Leave to Appear Pro Hac Vice for admission of Edith Ramirez Filing fee: $ 100, receipt number 0101-8228513 by Google LLC, Youtube, LLC. (Attachments: #1 Affidavit)(O'Brien, Justin) (Entered: 05/05/2020)Read MoreRead Less
Docket(#7) NOTICE of Appearance by Adam A. Cooke on behalf of Google LLC, Youtube, LLC (Cooke, Adam) (Entered: 05/05/2020)Read MoreRead Less
Docket(#6) NOTICE of Appearance by Justin P. O'Brien on behalf of Google LLC, Youtube, LLC (O'Brien, Justin) (Entered: 05/05/2020)Read MoreRead Less
Docket(#5) WAIVER OF SERVICE Returned Executed by Paula Ridenti. Youtube, LLC waiver sent on 4/28/2020, answer due 6/29/2020. (Vallely, Patrick) (Entered: 05/04/2020)Read MoreRead Less
Docket(#4) WAIVER OF SERVICE Returned Executed by Paula Ridenti. Google LLC waiver sent on 4/28/2020, answer due 6/29/2020. (Vallely, Patrick) (Entered: 05/04/2020)Read MoreRead Less
Docket(#3) Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Kelly, Danielle) (Entered: 03/13/2020)Read MoreRead Less
Docket(#2) ELECTRONIC NOTICE of Case Assignment. Judge Nathaniel M. Gorton assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Finn, Mary) (Entered: 03/13/2020)Read MoreRead Less
Docket(#1) CLASS ACTION COMPLAINT; JURY TRIAL DEMANDED against All Defendants (Filing Fee: $400.00, receipt number 0101-8154408 - Fee Status: Filing Fee paid), filed by Paula Ridenti. (Attachments: #1 Civil Cover Sheet, #2 Civil Category Sheet)(Vallely, Patrick) (Entered: 03/13/2020)Read MoreRead Less
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