Seeking Dismissal, Roku Argues Michigan Lacks Authority in Children’s Privacy Case
Roku renewed a previous argument, claiming that Michigan is overreaching its authority in a privacy case where the state accuses the streaming platform of collecting information of child users.
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The company's argument centers on a legal principle called parens patriae, which holds that the government, in some instances, has a parental right to protect citizens. In a court document Tuesday, Roku said parens patriae doesn't apply and Michigan's suit should be tossed. “The notion that the State may take for itself damages claims that belong to its citizens overreaches,” as “parens patriae standing is the exception, not the rule,” Roku said.
It had made similar arguments earlier in the process (see 2507150047). Roku also questioned several other state claims Tuesday.
For example, Michigan never addresses concerns about due process, which “creates a moving target with no clear rules of engagement,” Roku said. The state also fails to allege Video Privacy Protection Act (VPPA) or Michigan’s Preservation of Personal Privacy Act (PPPA) claims, nor does it allege a violation of the Michigan Collection Practices Act.
AG Dana Nessel (D) sued Roku at the end of April in the U.S. District Court for Eastern Michigan. In case 2:25-cv-11221, the state argued Roku collects, processes, and discloses the personal information -- including IP addresses, voice recordings and locations -- of child users, and tracks their browsing histories on its platform (see 2504290068).