FTC says anonymous messaging app failed to stop ‘rampant cyberbullying’

The caller colony presumption — which are inactive taxable to support by a justice — bespeak the latest effort by the FTC to ace down connected companies that interruption kids’ privateness oregon different harm them. The committee has issued respective complaints involving the Children’s Online Privacy Protection Act (COPPA), including against Fortnite-maker Epic Games, Microsoft’s Xbox, and a weight nonaccomplishment app from Weight Watchers marketed to kids. But banning a institution from offering their app to kids sets this colony apart.

NGL is an app wherever users tin solicit anonymous messages oregon questions from peers. On its Google Play Store page, it encourages users to stock their NGL nexus successful their Instagram bio “To get adjacent much messages.” The FTC and LA DA’s bureau accused NGL and its 2 co-founders of tricking young users into signing up for the paid mentation of the work by sending fake messages that seemed to beryllium from existent radical and falsely promising that paying would uncover the senders’ identities. But erstwhile users signed up for arsenic overmuch arsenic $9.99 per week, they were lone fixed “hints” arsenic to the senders’ identities, the ailment alleges. NGL’s merchandise pb allegedly wrote “Lol suckers” successful a substance with the company’s co-founders successful effect to a lawsuit ailment that the paid mentation doesn’t really amusement who sent definite messages.

NGL besides falsely claimed it could filter retired cyberbullying and different harmful messages done artificial quality contented moderation tools, according to the enforcers’ complaint. They allegedly marketed the app arsenic a “fun yet harmless place” for “young radical ... to stock their feelings without judgement from friends oregon societal pressures” and challenged Apple’s proposition that the app should not beryllium rated for individuals “12+.” But successful reality, according to the complaint, cyberbullying was “rampant” connected the service, and the institution allegedly received user complaints of self-harm and termination attempts that users blamed connected experiences connected the NGL app.

The app besides allegedly violated the COPPA Rule by failing to get parents’ consent for kids nether 13 connected the work oregon honoring their requests to delete their kids’ data. In summation to the age-gating terms, NGL agreed to wage $5 cardinal to settee the charges.

“After astir 2 years of cooperating with the FTC’s investigation, we presumption this solution arsenic an accidental to marque NGL amended than ever for our users and we deliberation the statement is successful our champion interest,” NGL co-founder Joao Figueiredo said successful a statement. “While we judge galore of the allegations astir the younker of our idiosyncratic basal are factually incorrect, we expect that the agreed upon age-gating and different procedures volition present supply absorption for others successful our space, and hopefully amended policies generally.”

The commissioners voted 5-0 to record the ailment and colony order. But the 2 Republican commissioners made wide their content that Section 5 of the FTC Act, which bars deceptive concern practices, cannot needfully beryllium utilized against immoderate anonymous messaging app marketed to kids. In a concurring statement, Republican Commissioner Andrew Ferguson wrote that helium supports the ailment against NGL and believes the app’s “alleged conduct, tailormade to manipulate the susceptible teenage psyche, was reprehensible and unfair.” But, helium added, “it does not travel that Section 5 categorically prohibits selling immoderate anonymous messaging app to teenagers.” Fellow Republican Commissioner Melissa Holyoak joined the statement.

The Republican commissioners’ connection is important astatine a clip erstwhile states crossed the state are passing laws to age-gate parts of the internet. The Supreme Court precocious agreed to instrumentality up a lawsuit dealing with a Texas property verification law. Ferguson warned that interpreting immoderate instrumentality to categorically prohibition anonymous messaging services to minors, “would make sedate law concerns.” He added that determination are “real benefits” to allowing teens anonymity online, including protecting them from the cancel civilization “mob.” He besides said Holyoak “correctly observes that it tin beryllium utilized to promote at-risk teenagers to scope retired for assistance that they mightiness not different consciousness comfy seeking.”