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1
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COMPLAINT
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EXTRACTED KEY WORDS
PERSONAL INFORMATION PARENTS/GUARDIANS FTC ACT VIOLATION KIDS CLUB DISCLOSURE DEFENDANT ONLINE WEBSITE PRACTICE FEDERAL TRADE COMMISSION CIVIL PENALTIES ONLINE PRIVACY PROTECTION INTERNET COPPA DECEPTIVE ACT PORTION AFFECTING COMMERCE PRIZES EXHIBIT GUEST INVALIDATE UNITED STATES UNITED STATES ATTORNEY IOWA MONETARY CIVIL PENALTIES UNFAIR CONSENT PROMULGATE |
1 Charles W. Larson, Sr.
United States Attorney
2 By:
Assistant United States Attorney
3 Hach Building, Suite 400
401 1st Street, SE
4 Cedar Rapids, Iowa 52401-1825
(319) 363-6333
5
6 IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
7 WESTERN DIVISION
8
9 UNITED STATES OF AMERICA, Civil Action No. _______________
10 Plaintiff, COMPLAINT FOR CIVIL
PENALTIES, INJUNCTIVE, AND
11 v. OTHER RELIEF
12 AMERICAN POP CORN COMPANY,
a corporation,
13 Defendant.
14
15 Plaintiff, the United States of America, acting upon notification and authorization to
16 Attorney General by the Federal Trade Commission ("FTC" or "Commission"), for its
17 Complaint alleges that:
18 1. Plaintiff brings this action under Sections 1303(c) and 1306(d) of the
19 Online Privacy Protection Act of 1998 ("COPPA"), 15 U.S.C. §§ 6501-6506, 6502(c), and
20 6505(d), and Sections 5(a)(1), 5(m)(1)(A), 13(b), and 16(a) of the Federal Trade Commission
21 Act ("FTC Act"), 15 U.S.C. §§ 41-58, 45(a)(1), 45(m)(1)(A), 53(b), and 56(a), to obtain
22 monetary civil penalties, a permanent injunction, and other equitable relief for defendant's
23 violations of the Commission's Children's Online Privacy Protection Rule (the "Rule"), 16
24 C.F.R. Part 312, and of Section 5 of the FTC Act.
25 JURISDICTION AND VENUE
26 2. This Court has jurisdiction over this matter under 28 U.S.C. §§ 1331, 1337(a),
27 1345, and 1355, and under 15 U.S.C. §§ 45(m)(1)(A), 53(b) and 56(a). This action arises under
28 15 U.S.C. §§ 45(a)(1) and 6502(c).
COMPLAINT Page 1 of 8
1 3. Venue in this District is proper under 15 U.S.C. § 53(b) and 28 U.S.C.
2 1391(b)-(c) and 1395(a).
3 DEFINITIONS
4 4. For purposes of this Complaint, the terms "child," "collects," "collection,"
5 "Commission," "delete," "disclosure," "Internet," "online contact information," "operator,"
6 "parent," "person," "personal information," "third party," "verifiable consent," and "website or
7 online service directed to children," are defined as those terms are defined in Section 312.2 of
8 the Rule, 16 C.F.R. § 312.2.
9 THE CHILDREN'S ONLINE PRIVACY PROTECTION RULE
SNIPPETS:
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2
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EXHIBITS
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EXTRACTED KEY WORDS
RECIPES PRIZE BIRTHDAY POLICY CLUE |
GO TO: JOIN THE CLUB l GAME ROOM l OUTRAGEOUS OFFERS l
RECIPES l JOKES l
*You can win some awesome prizes!
*We can send you some cool, for-kids-only stuff!
I'm A Kid's Club Member. C'mon, Join The Club!
I'm A Grown-Up. Can I come in for a while? Sure you can...just don't let
the kids catch you! This isn't Never-Never Land, ya know!
the game room. great offers!
Fun crafts for kids! Great recipes using pop corn.
Really CUKNy Jokes
for you and your friends. 0
I
SNIPPETS:
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3
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CONSENT DECREE AND ORDER
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EXTRACTED KEY WORDS
DEFENDANT COMMISSION COMPLIANCE ONLINE TRADE COMMISSION FEDERAL TRADE SUCCESSORS WEBSITE DIRECTORS PERSONAL INFORMATION OFFICERS COMPLIANCE GUIDE UNITED STATES REPRESENTATIVES PRIVACY PROTECTION ACT PARAGRAPH ATTORNEYS COMPLAINT EMPLOYEES COMPLYING AMOUNT CIVIL PARTIES DISCLOSURE PARENT AGENTS VIOLATING CHILD |
1 Charles W. Larson, Sr.
United States Attorney
2 By:
Hach Building, Suite 400
3 401 1st Street, SE
Cedar Rapids, Iowa 52401-1825
4 (319) 363-6333
5 IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
6 WESTERN DIVISION
7
8 UNITED STATES OF AMERICA, Civil Action No. _______________
9 Plaintiff, CONSENT DECREE AND ORDER
FOR CIVIL PENALTIES,
10 v. INJUNCTIVE, AND OTHER RELIEF
11 AMERICAN POP CORN COMPANY,
a corporation,
12 Defendant.
13
14 WHEREAS plaintiff, the United States of America, has commenced this action by filing
15 the Complaint herein; defendant has waived service of the Summons and Complaint; the parties
16 have been represented by the attorneys whose names appear hereafter; and the parties have
17 agreed to settlement of this action upon the following terms and conditions, without
18 adjudication of any issue of fact or law and without defendant admitting liability for any of the
19 matters alleged in the Complaint or that the facts as alleged in the Complaint, other than the
20 jurisdictional facts, are true;
21 THEREFORE, on the joint motion of plaintiff and defendant, it is hereby ORDERED,
22 ADJUDGED, and DECREED as follows:
23 1. This Court has jurisdiction over the subject matter and of the parties.
24 2. The Complaint states a claim upon which relief may be granted against the
25 defendant under Sections 1303(c) and 1306(d) of the Children's Online Privacy Protection Act
26 of 1998 ("COPPA"), 15 U.S.C. §§ 6501-6506, 6502(c), and 6505(d), and Sections 5(a)(1),
27 5(m)(1)(A), 13(b), and 16(a) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C.
28
CONSENT DECREE Page 1 of 9
1 41-58, 45(a)(1), 45(m)(1)(A), 53(b), and 56(a).
2 DEFINITIONS
3 3. For the purposes of this Consent Decree, the term "Rule" means the Federal
4 Trade Commission's Children's Online Privacy Protection Rule, 16 C.F.R. Part 312.
5 4. For purposes of this Consent Decree, the terms "child," "collects,"
6 "Commission," "delete," "disclosure," "Internet," "online contact information," "operator,"
7 "parent," "person," "personal information," "third party," "verifiable consent," and "website or
8 online service directed to children," are defined as those terms are defined in Section 312.2 of
9 the Rule, 16 C.F.R. § 312.2.
10 5. Unless otherwise specified, "defendant" shall mean American Pop Corn
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