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Florida Legal News

Florida Attorney General James Uthmeier Sues Netflix Over Alleged Collection of Children’s Data

TALLAHASSEE, Fla. — Florida Attorney General James Uthmeier has filed a lawsuit against Netflix, accusing the streaming company of misleading families about its data-collection practices and improperly collecting information from children using its platform.

The lawsuit alleges Netflix spent years promoting itself as a paid, advertising-free alternative to technology companies that rely on tracking users, while simultaneously collecting detailed information about how subscribers and their children used the service.

“Netflix told Florida families they could pay a monthly fee to escape Big Tech surveillance. That was false,” Uthmeier said. “Netflix collected detailed data on children and families, designed its product to keep kids watching, and then commercialized that information to launch the advertising business it promised never to build.”

According to the complaint, Netflix executives previously told consumers the company did not collect extensive personal information and promoted the service as a place where subscribers could avoid concerns associated with advertising-based platforms.

Florida alleges those claims were misleading. The complaint says Netflix records large amounts of behavioral information, including what devices subscribers use, their locations and what programs they watch, pause, rewind, search for, skip or stop watching. The state alleges Netflix uses that information to improve recommendation algorithms and support its advertising operations.

The lawsuit also focuses on Netflix’s profiles for children. Netflix markets its Kids experience as a separate space designed for children 12 and younger and says it does not engage in behavioral advertising on Kids profiles. Florida alleges, however, that Netflix still collects and analyzes viewing behavior from children through systems similar to those used for adult subscribers.

Netflix launched its advertising-supported subscription option in November 2022. The Attorney General’s Office alleges the company later allowed advertising platforms and commercial data providers to use information involving Florida subscribers to target consumers based on characteristics including income, household composition and stages of life.

The state contends Netflix failed to obtain consent required under Florida law for some of those practices, particularly when information involving children was collected or used.

Uthmeier’s lawsuit alleges violations of the Florida Deceptive and Unfair Trade Practices Act and the Florida Digital Bill of Rights. The state is asking a court to issue a permanent injunction, require Netflix to delete certain data allegedly collected through deceptive practices and prohibit design techniques the Attorney General’s Office says encourage children to continue watching.

The lawsuit also seeks civil penalties and other relief allowed under Florida law. The case was filed in Florida’s Seventh Judicial Circuit as part of the Attorney General’s broader effort to regulate technology companies’ handling of consumer and children’s data.

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