The FTC finalized a settlement with Miniclip, S.A. for falsely claiming it was a member of the CARU COPPA safe harbor program. Miniclip is prohibited from misrepresenting its participation in privacy programs and subject to compliance and recordkeeping requirements.
Miniclip is prohibited from misrepresenting its participation or certification in any privacy or security program sponsored by a government or self-regulatory organization, including the CARU COPPA safe harbor program, and is subject to compliance and recordkeeping requirements.
In-house legal teams should review all vendor, customer, and data processing agreements where the other party makes representations about privacy certifications or safe harbor program participation, particularly those involving children's data or COPPA-covered services. Focus on representations and warranties clauses, compliance certification sections, and any audit or verification rights. Specific changes may include: adding requirements for parties to provide current, verifiable proof of any claimed certifications (e.g., CARU COPPA safe harbor membership letters or certificates); incorporating clauses that prohibit misrepresentations about participation in any government or self-regulatory privacy program; and ensuring contracts grant the right to audit or request documentation supporting such certifications. For agreements with Miniclip or similar entities, verify that any stated COPPA safe harbor status is accurate and current, and consider adding indemnification provisions for misrepresentation-related liabilities.
Entity
Miniclip, S.A.
Also known as: Miniclip
Industry
Gaming"Miniclip, S.A."
"Children’s Online Privacy Protection Act (COPPA)"
"FTC’s COPPA Rule"
"falsely claimed from 2015 through mid-2019 that it was a member of the Children’s Advertising Review Unit’s (CARU) COPPA safe harbor program even though Miniclip’s membership had been terminated in 2015."
The FTC rescinded its 2021 Policy Statement on Breaches by Health Apps and Other Connected Devices, which had purported to apply the Health Breach Notification Rule to health apps and connected devices that collect consumer health information. The rescission follows the Commission's 2024 update to the Health Breach Notification Rule, which already covers health apps and connected devices like fitness trackers, and implements an executive order directing agencies to eliminate obsolete guidance documents. No company was charged or penalized; this is a deregulatory action.
$12.0M
The FTC alleged that payment processor Humboldt Merchant Services knowingly processed payments for more than 1,000 shell merchant entities serving as fronts for fraudulent companies engaged in unauthorized billing scams, despite red flags including chargeback rates nearly 10 times higher than card-brand thresholds. Under the proposed stipulated order filed in the U.S. District Court for the Eastern District of Michigan, Humboldt will pay $12 million for consumer redress and is permanently banned from processing payments for merchants with a heightened risk of potential fraud.
$4.8M
The FTC charged Canada-based payment processor Nuvei Corporation and its subsidiaries with knowingly processing payments for fraudulent merchants, including more than $30 million in payments for the Reimage tech support scam from 2017 to 2023, as well as merchants making false earnings claims and impersonating government tax authorities. Under the stipulated order filed in the U.S. District Court for the District of Arizona, Nuvei will pay $4.85 million for consumer redress, is banned from serving tech support telemarketers, and must implement robust merchant screening and chargeback monitoring practices. Note: this is a payments-fraud facilitation action under the FTC Act and Telemarketing Sales Rule, not a data privacy violation.
The FTC announced a seven-day extension of the public comment period on its proposed enforcement policy statement regarding personalized pricing, pushing the deadline from Sept. 18, 2026 to Sept. 25, 2026. Personalized pricing refers to using personal data to set prices based on what the company believes an individual consumer is willing to spend. This is a procedural announcement about draft agency guidance, not an enforcement action against any company, and no entity was named, no violation found, and no penalty imposed.
Colorado Attorney General Phil Weiser joined the FTC and 22 state attorneys general in filing a lawsuit against Amazon for manipulating the auctions used to set advertising prices, replacing actual auction results with higher prices since 2019 and overcharging nearly 1.2 million U.S. advertising customers. The FTC estimates total improper surcharges from 2018 to 2026 exceed $20 billion, with costs ultimately passed to shoppers through higher prices. The states seek a permanent injunction and monetary relief; no penalty has been imposed yet as this is a newly filed complaint.
$930K
The FTC finalized orders requiring CMG Media Corporation (doing business as Cox Media Group), MindSift LLC, and 1010 Digital Works LLC to pay a total of $930,000 for falsely claiming they offered an AI-powered service that could target ads based on conversations captured from consumers' smart devices, and that consumers had opted into such targeting. The orders also prohibit the companies from making misrepresentations about their advertising services, voice data collection, and consumer consent.