Florida Attorney General James Uthmeier filed a lawsuit against Netflix on September 9, alleging the streaming platform deceptively collected and sold data from children’s profiles despite promising privacy protections.
The complaint, filed in state court, claims Netflix violated Florida’s Deceptive and Unfair Trade Practices Act and the state’s Digital Bill of Rights by tracking behavioral data from under-12 profiles and using it to launch an ad-supported tier in November 2022—a service the company had previously pledged to avoid. Uthmeier is seeking billions in damages, a permanent injunction to halt the practices, and the purging of allegedly deceptive data collected from Floridians.
Core allegations and timeline
Data collection claims: The lawsuit states Netflix assured users in marketing and public statements that its platform was ad-free and data-minimal, including a 2020 earnings call where former CEO Reed Hastings said the company “does not collect anything” and was not building an advertising model. The state argues these statements were misleading because Netflix quietly amassed detailed user data, including from children’s profiles, before launching its ad tier.
Children’s profiles at issue: Netflix offers a separate under-12 profile option, marketed as a safe, ad-free space for young viewers. The lawsuit alleges the company tracked viewing habits, preferences, and interactions on these profiles, then used that data to target ads once the ad-supported service launched.
Legal demands: Uthmeier is requesting the court order Netflix to stop the alleged practices, delete data collected under false pretenses, and pay civil penalties under Florida law. The lawsuit also seeks to ban addictive design features that allegedly encourage prolonged viewing among children.
Florida’s rationale and public statements
In a news conference and press release, Uthmeier framed the lawsuit as a defense of parental rights and consumer trust. He stated:
“Parents were told kids’ profiles were a child’s own space—safe, separate, great for kids. Families believed them. But behind the brand, Netflix built something different.”
The attorney general emphasized that families paid premium subscription fees under the assumption that Netflix did not monetize their data, only to later learn the company built a behavioral data operation for commercial use. Uthmeier added:
“Parents, not streaming corporations, need to direct the upbringing of children.”
Netflix’s response and historical context
Neither Netflix nor its executives have publicly commented on the lawsuit as of publication. However, the company has previously defended its data practices in investor communications and regulatory filings. In January 2020, Hastings told investors:
“We don’t collect anything, we’re really focused on just making our members happy and we’re not tied up on all that controversy around advertising.”
The lawsuit challenges this narrative, asserting that Netflix’s shift to an ad-supported model in 2022 contradicted prior assurances and relied on years of unconsented data collection, including from minors.
Legal and policy implications
The case raises questions about children’s digital privacy, corporate transparency, and the enforcement of state-level consumer protection laws targeting tech platforms. Florida’s lawsuit is one of the first major state actions under the Digital Bill of Rights, a 2024 law that strengthens protections for minors’ online data.
Legal experts note that the outcome could set a precedent for how streaming services handle children’s data, particularly as more platforms introduce ad-supported tiers. The lawsuit also highlights growing scrutiny of “surveillance capitalism” models in digital entertainment, where user behavior is tracked and monetized.
Broader context: Tech accountability and children’s safety
The allegations against Netflix come amid heightened regulatory and public concern over children’s exposure to data tracking and manipulative design features online. Florida’s action follows similar scrutiny of other tech giants, including a class-action lawsuit against The Washington Post over alleged “surveillance pricing” tactics.
Critics argue that platforms like Netflix exploit psychological vulnerabilities in young users through autoplay, personalized recommendations, and endless content feeds—features the lawsuit claims are designed to maximize engagement, even at the expense of privacy.
What’s next
The lawsuit has been filed in Florida state court, and Netflix has not yet responded in legal filings. A hearing date has not been scheduled. The case could take months or years to resolve, with potential implications for data privacy laws nationwide and the business models of streaming services that rely on user data.