App Store Accountability Act

The "App Store Accountability Act" aims to safeguard children by ensuring parents receive clear and accurate information about apps used by their children and provide proper consent. It applies to **covered app store providers**, defined as those with over 5 million users in the United States, and **app developers** whose apps are available on these platforms. The Act establishes specific obligations for both entities regarding age verification and parental consent. **Covered app store providers** must request and verify user age upon account creation, affiliating minor accounts with a parental account. They are required to obtain **verifiable parental consent** from the parent before a minor can download or purchase an app or make an in-app purchase. App stores must also notify parents of **significant changes** to an app's terms or privacy policy and share a user's age category and consent status with app developers, while protecting the confidentiality of age verification data. **App developers** are obligated to use the app store's age verification and consent signals to determine user age and consent status. They must notify app stores of **significant changes** to their apps and request age category data or parental consent when necessary. Developers are restricted from enforcing contracts with minors without verified parental consent and from knowingly misrepresenting information in parental consent disclosures. The Federal Trade Commission (FTC) is tasked with issuing guidance and establishing a mechanism for app stores to certify compliance with the Act. Violations are treated as unfair or deceptive acts under the FTC Act, granting the Commission enforcement powers. States also have the authority to bring civil actions to enforce the Act on behalf of their residents. An **app developer** can claim a **safe harbor** from liability if they relied in good faith on app store age verification data, complied with their obligations, and conformed to industry standards for age ratings. The Act includes a **preemption** clause, preventing states from enacting conflicting laws related to its provisions, but does not preempt contract or tort law.