H.R. 3149: App Store Accountability Act

The App Store Accountability Act aims to enhance the protection of minors when using mobile applications by placing specific obligations on app store providers and app developers. Here’s a summary of its main provisions:

Key Definitions

The bill outlines terms related to age categories, such as:

• Adult: An individual who is 18 years or older.
• Teenager: An individual aged 16 to 17.
• Child: An individual aged 13 to 15.
• Young Child: An individual under 13.

Obligations for App Store Providers

Covered app store providers, which include any entity operating an app store in the U.S. with over 5 million users, must:

• Request and verify age information from users when they create an account.
• If the user is a minor, link their account to a parental account and obtain verifiable parental consent for app downloads or purchases.
• Notify users and parents of any significant changes made to the app's terms or privacy policy.
• Ensure personal data related to age verification is kept confidential and secured.
• Display age ratings and content descriptions clearly and simply.

Responsibilities for App Developers

App developers must:

• Verify the age of users and obtain parental consent when necessary.
• Notify app store providers of any significant changes to their applications.
• Request age verification data at specific times, such as during downloads or when updating the app.
• Not enforce contracts against minors without verified parental consent.
• Provide clear and concise age ratings and content descriptions for their apps.

Compliance and Enforcement

The bill empowers the Federal Trade Commission (FTC) to enforce compliance with its provisions, treating violations as unfair or deceptive acts. The FTC can implement penalties similar to those under existing laws, and the bill allows for state attorneys general to take civil actions if local interests are adversely affected.

Safe Harbor Provisions

App developers may be exempt from liability for violations if they can demonstrate good faith reliance on age verification data provided by app stores and adherence to industry standards for age ratings and content descriptions.

Preemption of State Laws

The bill generally preempts any state law or regulation that conflicts with its provisions related to app store operations and responsibilities regarding minors.

Effective Date

The Act is set to take effect one year after it becomes law, allowing time for stakeholders to adjust to the new obligations.

Relevant Companies

• AAPL (Apple Inc.): As a leading app store provider, Apple would need to ensure its app store meets new obligations regarding age verification and parental consent.
• GOOGL (Alphabet Inc.): Google’s Play Store would also have to comply with the new requirements, impacting how apps are rated and how parental consent is managed.
• AMZN (Amazon.com Inc.): If Amazon continues to operate its Appstore, it would be required to adapt its policies for verification and consent as specified in the bill.