Attorney General James Uthmeier filed a lawsuit against Netflix last week, accusing the company of misleading consumers about its data collection practices and improperly collecting and commercializing information tied to children’s viewing activity.
The complaint, filed Sept. 9 in St. Johns County, alleges Netflix violated the Florida Deceptive and Unfair Trade Practices Act and the Florida Digital Bill of Rights. The state contends Netflix marketed itself for years as an ad-free alternative to technology companies that relied on extensive behavioral tracking, while building systems that collected detailed information about subscribers and their viewing habits.
“Netflix told Florida families they could pay a monthly fee to escape Big Tech surveillance. That was false,” said Attorney General Uthmeier. “Netflix collected detailed data on children and families, designed its product to keep kids watching, and then commercialized that information to launch the advertising business it promised never to build. Parents, not corporate executives, direct the upbringing of their children. Netflix should expect to be held accountable.”
According to the lawsuit, Netflix records information including what users watch, search for, pause, rewind or abandon, along with device and location data. The complaint alleges those systems also collect behavioral information from children using Netflix kids profiles, despite representations that those profiles are separate environments intended for younger viewers.
Netflix has stated that it does not engage in behavioral advertising on kids profiles. Florida alleges, however, that the company still collects and analyzes children’s viewing behavior and does not adequately disclose those practices to parents.
The state also argues that Netflix changed the nature of its business after launching an advertising-supported subscription tier in November 2022. The complaint alleges Netflix subsequently allowed advertisers, data brokers and advertising technology companies to connect Netflix subscriber information with other consumer data without obtaining consent required under Florida law.
Uthmeier’s office is seeking a permanent injunction, civil penalties and an order requiring Netflix to delete certain data allegedly collected through deceptive practices. The state also wants the court to prohibit design practices it describes as “dark patterns,” including features it argues are intended to encourage children to continue watching.
