Remember Candie’s shoes and Op shorts? The FTC announced yesterday that it has settled charges against Iconix Brand Group, the owner, licensor, and marketer of popular kids’ apparel brands such as Candie’s, Op, Mudd, and Bongo, for allegedly violating the Children’s Online Privacy Protection Act (COPPA). Among other things, Iconix will pay a $250,000 civil penalty. The FTC filed its complaint and submitted its consent decree and order for approval yesterday in the Southern District of New York.
"We do not seek to collect personally identifiable information from persons under the age of 13 without prior verifiable parental consent. If we become aware that we have inadvertently received such information online from a child under the age of 13, we will delete it from our records. If you are under the age of 13, please do not submit any personally identifiable information to us. If you are the parent or guardian of a person under the age of 13 who has provided personally identifiable information to us, please inform us by contacting us at email@example.com and we will remove such information from our database. If you are concerned about your children’s use of the Site, you may use web filtering technology to supervise or limit access to the Site."
In addition to the $250,000 penalty, pursuant to the settlement, Iconix must, among other things, delete all personal information collected and maintained in violation of COPPA, distribute the settlement order and the FTC’s “How to Comply with the Children’s Online Privacy Protection Rule” to company personnel, and link to the FTC’s www.OnGuardOnline.gov Web site on any Iconix Web site that collects or discloses children’s personal information and on any Iconix site that offers the opportunity to upload writings or images, create publicly viewable user profiles, or interact online with other Iconix site visitors.
Of course, this is not the first time the FTC has brought and settled COPPA charges. There have been more than a dozen COPPA enforcement cases, the most notable being a 2008 $1 million settlement with Sony BMG and a 2006 $1 million settlement with Xanga.