In May, a Florida state court dismissed a plaintiff’s claim that the terms of service for popular mobile game Pokémon GO violated Florida’s Deceptive and Unfair Trade Practices Act. The case illustrates how establishing injury continues to be a key hurdle for plaintiffs in litigation involving online services, and shows that a well-framed choice of law provision can help protect providers of online services.
On February 26, the U.S. Department of Education issued guidance aimed at assisting schools and school districts when considering whether the use of online educational services and mobile applications complies with student privacy laws. The guidance consisted of two main components. First, the Department published a document entitled Protecting Student Privacy While Using Online Educational Services: Model Terms of Service, which evaluates common privacy-related provisions in online Terms of Service and analyzes how they comply with student privacy requirements. Second, the Department produced a user-friendly, 10-minute training video directed to K-12 administrators, teachers, and staff about schools’ privacy obligations when using online educational services and applications. Finally, the guidance encourages school administrators to check the Student Privacy Pledge when considering whether to use online educational services in the classroom.