Florida sues Netflix over data collection from minor users

The streaming giant is the latest target of Florida’s attorney general, who wants to hold Big Tech companies accountable for unfair business practices.MIAMI (CN) — Florida Attorney General James Uthmeier sued Netflix on Wednesday, accusing the streaming platform of spying on Floridians, including children, and collecting viewing activity.The 66-page lawsuit filed in state court describes a “bait-and-switch” scheme in which Netflix promised to not gather users’ data in return for a paid subscription, while still surreptitiously amassing consumer information for advertising purposes.Uthmeier points to comments by former CEO and co-founder Reed Hastings, who told shareholders in 2020: “We don’t collect anything.” In an interview with Vanity Fair, Hastings said, “We buy no data. We don’t sell any data. We are a complete, isolated data island.”Yet Uthmeier says Netflix surveilled users’ watching habits to build a new digital advertising infrastructure launched in 2022.“That infrastructure was designed to keep Floridians and their children tethered to the screen, extract commercially valuable behavioral data and ultimately commercialize that data in service of the very advertising business Netflix promised it would never build,” Uthmeier says in the complaint.During a press conference in Miami, the Republican attorney general saved his harshest words for claims that Netflix targeted activity on children’s profiles despite assuring parents that kids would have their “own space” on the platform.“Netflix told Florida families they could pay a monthly fee to escape Big Tech surveillance,” Uthmeier said. “That was false. 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. Parents, not corporate executives, direct the upbringing of their children. Netflix should expect to be held accountable.”Netflix did not immediately respond to a request for comment. After Texas Attorney General Ken Paxton filed a similar lawsuit against Netflix in May, a spokesperson said the legal action was based on “inaccurate and distorted information” and reiterated the company’s commitment to users’ privacy.Uthmeier also denounces the company’s use of “dark patterns” — certain platform features that push users to continue watching. One such element is the autoplay feature, which automatically starts a new show after the previous one ends.“Autoplay undermines parental control of screen time and content consumption,” the attorney general says in the complaint. “For a busy parent trying to manage a household under pressure, autoplay is a vise grip designed to keep her child fixed under Netflix’s microscope. Netflix never told Floridians this.”The lawsuit charges Netflix with violating the Florida Deceptive and Unfair Trade Practices Act and the Florida Digital Bill of Rights. Uthmeier wants the court to order Netflix to erase all the data collected from Floridians and put an end to the dark pattern designs on the platform.Netflix is the latest Big Tech target of the attorney general. In June, Uthmeier sued TikTok for letting children under 14 create accounts, contrary to a new state law. Last year, Uthmeier went after Roblox for insufficient age verification controls to prevent children from accessing adult content while also allowing adults to contact minors.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads