CDD Files Complaint Against SpongeBob

Says app collects info without sufficiently advising parents

By John Eggerton -- Broadcasting & Cable, 12/17/2012 3:50:02 PM

For the second time in as many weeks, the Center for Digital Democracy has filed a complaint at the Federal Trade Commission over mobile aps, this time against Viacom and mobile game creator PlayFirst for a game featuring Nickelodeon's iconic character, SpongeBob Squarepants.

CDD wants the FTC to take action against the company for its Diner Dash game, which the group says violated the Children's Online Privacy Protection Act.

They argue that while the game is free, it is designed to encourage kids to buy upgrades and say the game's privacy policy claims the apps data-collection squares with COPPA, when it doesn't. "The SpongeBob Diner Dash game asks children to provide a wide range of personal information, including full name, email address, and other online contact information, without providing notice to parents or obtaining prior parental consent, as required by the Children's Online Privacy Protection Act," they say in the complaint, "nor does the app provide an adequate description of the personal information it collects or how it is used."

This complaint, and a similar one filed last week against mobile game company, Mobbles Corp., come on the even of the FTC's expected announcement of changes to its COPPA enforcement to increase the information treated as sensitive personal info and otherwise toughen the rules for the digital marketing age.

CDD and other groups also filed a complaint last August against Viacom for what it said were COPPA violations stemming from viral marketing. A complaint does not mean the companies have necessarily violated the law or that the FTC will take action.

"We were just made aware of this complaint from press reports filed this morning and are currently investigating it," said Nickelodeon.