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Texas files lawsuit against Future US

Thu 06 Dec 2007 9:59pm GMT / 4:59pm EST / 1:59pm PST

The State of Texas has filed a federal lawsuit against Future US, operator of the Gamesradar web site, pursuant to the Children's Online Privacy Protection Act

The State of Texas has filed a federal lawsuit against Future US, operator of the Gamesradar Web site, pursuant to the Children's Online Privacy Protection Act.

The complaint alleges that Gamesradar includes content or allows access to content which is inappropriate for children, while also including information about games "clearly targeted to young children."

The State of Texas argues that since Gamesradar knows the content of its Web site attracts children under 13, and that some content is directly targeted to children under age 13, it must be "well aware that children under the age of 13 routinely register on its Web site."

As such, the complaint alleges that Gamesradar is in violation of the Children's Online Privacy Protection Act because it fails to obtain any form of parental consent, fails to clearly label its privacy policy or place it in a clear and prominent location, and fails to disclose what information it collects and how it uses the information.

In the lawsuit, the State of Texas is asking the federal court to enjoin Future/Gamesradar from its current practices and seeks unspecified "damages, restitution, or other compensation on behalf of residents of the state."

The Children's Online Privacy Protection Act was passed in 1998 and went into effect in 2000. It requires persons operating Web sites that obtain information from users under the age of 13 to comply with various requirements.

A representative of Future US said that the company had "no comment to be made at this time."

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