In a third update to the data breach of 6.5 million kids’ information and 5 million parents’ information, VTech Holdings Ltd. (VTech) is facing backlash from plaintiffs’ attorneys and regulators.

First, VTech Electronics North America LLC was hit with the now usual class action suits following a data breach–two so far–filed in the Northern District of Illinois. The suits allege that the toy company failed to safeguard sensitive information of millions of American children and their parents. The information compromised included parent names and email addresses, security questions, and children’s names, genders, birth dates and profile pictures.

The suits seek damages caused by the disclosure of the information and for the over payment of the products.

But that’s not all.

Following the notification, VTech is being investigated so far by the Attorneys General of Connecticut and Illinois, the Privacy Commissioner in Hong Kong, and due to the fact that the breach included minor personal information, it is anticipated that other AGs and the Federal Trade Commission will investigate under the Children’s Online Privacy Protection Act (COPPA), which regulates what companies can do to market to kids and what minor information can be collected and shared with others. COPPA includes statutory damages of up to $16,000 per violation.

It will be interesting to see the fallout of these investigations due to the nature of the data involved and the fact that it includes kids’ data as they are one of the most vulnerable, sympathetic and protected classes that exists.

Print:
EmailTweetLikeLinkedIn
Photo of Linn Foster Freedman Linn Foster Freedman

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chair’s the firm’s Data Privacy and Security Team. Linn focuses her practice on…

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chair’s the firm’s Data Privacy and Security Team. Linn focuses her practice on compliance with all state and federal privacy and security laws and regulations. She counsels a range of public and private clients from industries such as construction, education, health care, insurance, manufacturing, real estate, utilities and critical infrastructure, marine and charitable organizations, on state and federal data privacy and security investigations, as well as emergency data breach response and mitigation. Linn is an Adjunct Professor of the Practice of Cybersecurity at Brown University and an Adjunct Professor of Law at Roger Williams University School of Law.  Prior to joining the firm, Linn served as assistant attorney general and deputy chief of the Civil Division of the Attorney General’s Office for the State of Rhode Island. She earned her J.D. from Loyola University School of Law and her B.A., with honors, in American Studies from Newcomb College of Tulane University. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.