United States District Court, D. Nevada
A. READLER Acting Assistant Attorney General U.S. Department
of Justice ETHAN DAVIS Deputy Assistant Attorney General
GUSTAV W. EYLER Acting Director, Consumer Protection Branch
KATHRYN A. SCHMIDT Trial Attorney, Attorneys for Plaintiff
United States of America
MATTHEW H. WERNZ SAMUEL A.A. LEVINE Federal Trade Commission
Attorneys for the Federal Trade Commission.
STIPULATION AND ORDER FOR PERMANENT INJUNCTION AND
CIVIL PENALTY JUDGMENT CASE 2:18-CV-00199-JAD-PAL DOCUMENT 2
FILED 02/05/18 PAGE 1 OF 17 ECF NO. 2
JENNIFER A. DORSEY, U.S. DISTRICT JUDGE DISTRICT
the United States of America, acting upon notification and
authorization to the Attorney General by the Federal Trade
Commission (“Commission”), filed its Complaint
for Permanent Injunction, Civil Penalties, and Other Relief
(“Complaint”) in this matter, pursuant to
Sections 13(b) and 16(a)(1) of the Federal Trade Commission
Act (“FTC Act”), 15 U.S.C. §§ 53(b) and
56(a)(1), the Children's Online Privacy Protection Act,
15 U.S.C. §§ 6502(c) and 6505(d), and the
Commission's Children's Online Privacy Protection
Rule (“COPPA Rule”), 16 C.F.R. Part 312.
Defendant has waived service of the summons and the
Complaint. Plaintiff and Defendant stipulate to the entry of
this Stipulated Order for Permanent Injunction and Civil
Penalty Judgment (“Order”) to resolve all matters
in dispute in this action between them. THEREFORE, IT IS
ORDERED as follows:
Court has jurisdiction over this matter.
Complaint charges that Defendant participated in deceptive
acts or practices in violation of Section 5 of the FTC Act,
15 U.S.C. § 45, by misrepresenting the benefits of paid
membership in, and Defendant's practices relating to
personal information collected from children in connection
with, Defendant's online talent search network.
Complaint also charges that Defendant violated the COPPA Rule
by failing to provide notice to parents of its information
practices, and to obtain verifiable parental consent prior to
collecting, using, or disclosing personal information from
Defendant neither admits nor denies any of the allegations in
the Complaint, except as specifically stated in this Order.
Only for purposes of this action, Defendant admits the facts
necessary to establish jurisdiction.
Defendant waives any claim that it may have under the Equal
Access to Justice Act, 28 U.S.C. § 2412, concerning the
prosecution of this action through the date of this Order,
and agrees to bear its own costs and attorney fees.
Defendant and Plaintiff waive all rights to appeal or
otherwise challenge or contest the validity of this Order.
purpose of this Order, the following definitions apply:
“Child” means an individual under the age of 13.
“Collects” or “collection” means the
gathering of any personal information from a child by any
means, including but not limited to:
a. Requesting, prompting, or encouraging a child to submit
personal information online;
b. Enabling a child to make personal information publicly
available in identifiable form; or
c. Passive tracking of a child online.
“Defendant” means Prime Sites, Inc., a
corporation, also doing business as Explore Talent, and its
successors and assigns.
“Disclose or disclosure” means, with respect to
a. The release of personal information collected by an
operator from a child in identifiable form for any purpose,
except where an operator provides such information to a
person who provides support for the internal operations of
the website or online service; and b. Making personal
information collected by an operator from a child publicly
available in identifiable form by any means, including but
not limited to a public posting through the Internet, or
through a personal home page or screen posted on a website or
online service; a pen pal service; an electronic mail
service; a message board; or a chat room.
“Internet” means collectively the myriad of
computer and telecommunications facilities, including
equipment and operating software, which comprise the
interconnected worldwide network of networks that employ the
Transmission Control Protocol/Internet Protocol, or any
predecessor or successor protocols to such protocol, to
communicate information of all kinds by wire, radio, or other
methods of transmission.
“Obtaining verifiable consent” means making any
reasonable effort (taking into consideration available
technology) to ensure that before personal information is
collected from a child, a parent of the child:
a. Receives notice of the operator's personal information
collection, use, and disclosure practices; and
b. Authorizes any collection, use, and/or disclosure of the
“Online contact information” means an e-mail
address or any other substantially similar identifier that
permits direct contact with a person online, including but
not limited to, an instant messaging user identifier, a voice
over internet protocol (VOIP) identifier, or a video chat
“Operator” means any person who operates a
website located on the Internet or an online service and who
collects or maintains personal information from or about the
users of or visitors to such website or online service, or on
whose behalf such information is collected or maintained, or
offers products or services for sale through that website or
online service, where such website or online service is
operated for commercial purposes involving commerce among the
several States or with one (1) or more foreign nations; in
any territory of the United States or in the District of
Columbia, or between any such territory and another such
territory or any State or foreign nation; or between the
District of Columbia and any State, territory, or foreign
“Parent” includes a legal guardian.
“Person” means any individual, partnership,
corporation, trust, estate, cooperative, association, or
“Personal information” means individually
identifiable information about an individual collected
a. A first and last name;
b. A home or other physical address including street name and
name of a city or town;
c. Online contact information;
d. A screen or user name where it functions in the same
manner as online contact information;
e. A telephone number;
f A Social Security ...