FTC tries to close COPPA loophole with amicus brief against IXL Learning

The Federal Trade Commission (FTC) is fighting against an online educational platform’s interpretation of the Children’s Online Privacy Protection Act, arguing that COPPA can’t force parents into arbitration.

Collecting children’s data without express parental permission is a violation of COPPA, but IXL Learning, an online educational platform used by parents, teachers, and school districts nationwide, argued parents can’t sue and must resort to arbitration, because the school districts agreed to the company’s arbitration clauses.

An amicus brief, filed Monday by the FTC in U.S. District Court for the Northern District of California, said COPPA doesn’t support a claim that parents should be bound to arbitration in this case.