Roku Claims Michigan Oversteps Authority in Children’s Privacy Case
Roku asked a federal court Monday to dismiss several counts in a case where Michigan alleged the company collected minors' personal information without parental consent or knowledge.
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Michigan Attorney General Dana Nessel (D) sued Roku at the end of April in the U.S. District Court for Eastern Michigan. In case 25-11221, the state argues Roku collects, processes, and discloses the personal information -- including IP addresses, voice recordings and locations -- of children, as well as tracks their browsing histories on its platform and across the internet (see 2504290068).
The claims of violations of the Video Privacy Protection Act (VPPA) and Preservation of Personal Privacy Act (PPPA) "do not belong to the State," but instead Michigan "asserts these claims for its residents," Roku said. This "invokes ... an exception to the cardinal rule of standing that a litigant must bring its own claims. That exception, however, is limited and has typically been permitted only for claims for equitable relief. It does not give the State plenary authority to usurp residents’ damages claims."
The claims also "fail to allege specifics of how and whether any Michigan resident’s personal video watch history was disclosed," Roku added. The claim of intrusion upon seclusion "fails as it is based on the alleged misuse and disclosure of data rather than any objectionable collection," and the claim of unjust enrichment "fails to the extent it is derived from invalid claims and cannot identify anything Roku unjustly took from the State."
Finally, claims that the streaming box maker violated the Michigan Consumer Protection Act (MCPA) failed to plead a misrepresentation by Roku that can be acted on, the company said.