In an article published by Law360 on October 27, Nelson Mullins attorneys Jennie Cunningham and Amanda Witt explored the FTC's intensified enforcement of children's online privacy protections. They shared how federal and state regulators are using settlements, fines and investigations to address violations involving data collection, content moderation and AI chatbot safety.

“These announcements reinforce federal and state regulators' continued focus on children's data privacy issues across a range of industries and contexts,” said Cunningham and Witt. “Though the FTC under the current administration has signaled its intent to scale back enforcement in certain areas and limit its privacy focus to dedicated statutes within the FTC's purview, such as COPPA, it appears the agency is pressing forward with enforcements related to children's data, use of AI and other areas — some of which fall under the agency's expansive Section 5 authority.”

They examined key compliance requirements for operators, including implementing robust age assurance technologies, establishing vendor oversight for COPPA compliance and preparing for a patchwork of state laws that go beyond federal requirements.

“The FTC appears primarily focused on COPPA compliance in 2025, targeting companies for notice and consent violations, but this has not prevented it from wielding its broader power under Section 5 to enforce serious violations relating to minors' safety in the child sexual abuse material and nonconsensual material area or under Section 6 to investigate practices related to minors' safety with respect to AI and chatbots,” they further explained. “State legislators and regulators have taken an even broader view of minors' data protection, with a wide range of state and municipal laws addressing various AI and privacy issues.”

Subscribers may read the full article here.