Relating to app store provider and app developer requirements concerning minor users, and providing civil penalties, and including applicability provisions

The bill requires an app store provider to request age category information and verify the age of an individual located in this state at the time the individual creates an account with the app store provider. If the app store provider determines the individual is a minor, the app store provider must require the account to be affiliated with a parent account and obtain verifiable parental consent from the holder of the affiliated parent account each time before allowing the minor to download an app, purchase an app, or make an in-app purchase. The bill requires an app store provider to provide notices and receive verifiable parental consent as described in the bill after the app store provider receives notice of a significant change from a developer. The bill requires an app store provider to provide age category data for an account holder and the status of verifiable parental content for a minor when a developer requests such information. The app store provider must also notify the developer when a parent revokes verifiable parental consent. The bill requires an app store provider to protect age category data and any associated verification data through methods described in the bill. The bill prohibits an app store provider from enforcing a contract or terms of service against a minor unless the app store provider has obtained verifiable parental consent, knowingly misrepresenting the information in the parental consent disclosure, or sharing age category data and any associated data except as required by the new Code chapter or otherwise required by law. The bill requires a developer to verify through the app store’s data sharing methods the age category data of account holders located in the state, and for a minor’s account, whether verifiable parental consent has been obtained; notify app store providers of a significant change to an app; use age category data received through the app store’s data sharing methods to perform acts detailed in the bill; and request age category data or verifiable parental consent at times detailed in the bill. The bill allows a developer to request age category data at times detailed in the bill. When implementing any developer-created, age-related restrictions, safety-related features, or defaults, the bill requires a developer to use the lowest age category as indicated by age category data received through the app store’s data sharing methods or age data independently collected by the developer. The bill prohibits a developer from enforcing a contract or terms of service against a minor unless the developer has verified through an app store’s data sharing methods that verifiable parental consent has been obtained, knowingly misrepresenting any information in the parental consent disclosure, or sharing age category data with any person. The bill requires the attorney general to adopt rules to establish processes and means by which an app store provider may verify an account holder’s age category. The bill allows a minor, or the parent of a minor, who has been harmed by a violation of the bill to bring a civil action against an app store provider or a developer. The court shall award a prevailing plaintiff any combination of the greater of actual damages or $1,000 per violation, punitive damages if the violation was egregious, reasonable attorney fees, and court costs.16 (consumer fraud), punishable by disgorgement of money, return of money to a plaintiff, enjoinment of fraudulent acts, and a civil penalty of up to $7,500. In addition to other available remedies, the bill allows the attorney general to bring an action against an app store provider or a developer to restrain or enjoin the app store provider or developer from violating the bill, seek injunctive relief, recover reasonable attorney fees, and recover litigation costs and the costs of investigating the violation. A developer is not liable for a violation of the bill if the developer demonstrates that the developer relied in good faith on applicable age category data received through an app store’s data sharing methods, relied in good faith on notification from an app store provider that verifiable parental consent was obtained if the account holder was a minor, and complied with the bill’s other requirements. In determining an app’s age rating and content description, a developer is not liable for a violation of the bill if the developer uses widely adopted industry standards to determine the app’s age category and content description and applies the standards consistently and in good faith. The safe harbor described in the bill applies only to actions brought under the bill’s provisions, and does not limit a developer or app store provider’s liability under any other applicable law. Nothing in the bill shall displace any other available remedies or rights authorized under the laws of this state or the United States. The provisions of the bill are severable. Nothing in the bill shall be construed to prevent an app store provider or developer from taking reasonable measures against certain objectionable materials or criminal activity or otherwise protect app store or security as detailed in the bill; require an app store provider to disclose user information to a developer beyond age category data; allow an app store provider or developer to implement measures required by the bill in a manner that is arbitrary, capricious, anticompetitive, or unlawful; require an app store provider or developer to obtain verifiable parental consent for an app that is related to emergency services as described in the bill; require a developer to collect, retain, re-identify, or link any information beyond what is necessary to verify age category data as required by the bill and collected, retained, re-identified, or linked in the developer’s ordinary course of business; or relieve a developer of its obligation to conduct age verification, as otherwise required by law. A developer may rely on age category data obtained under the bill to the extent those signals satisfy the requirements of applicable law.16. The bill’s provisions creating requirements for app store providers and developers apply December 1, 2026.