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Children's Online Privacy Laws by State (2026)

By Recording Law Editorial TeamReviewed September 3, 202611 min read
Children's Online Privacy Laws by State (2026)

Frequently Asked Questions

Which states require parental consent for minors to use social media?

Utah (SB 194), Texas (HB 18), Louisiana (Revised Statutes 51:1751 and following), Arkansas (Act 689), and Florida (HB 3) have all passed laws requiring some form of parental consent for minors to create social media accounts. Their current status differs sharply. Arkansas's law was permanently enjoined in March 2025 and Utah's has been preliminarily enjoined since September 2024, while Florida's is enforceable after the Eleventh Circuit stayed the district court's injunction in November 2025.

Can states pass children's privacy laws that are stricter than COPPA?

Largely, but not without limits, and the limit runs the opposite way from how it is often described. 15 U.S.C. § 6502(d) is a preemption provision captioned 'Inconsistent State law.' It says no state or local government may impose liability for covered commercial activities by operators that is inconsistent with the treatment of those activities under that section. It is a ceiling on inconsistent state rules, not a savings clause granting states extra authority. States have legislated in the space COPPA does not occupy, regulating minors aged 13 to 17, platform design and default settings, and social media account creation, which is why California, Utah, and Texas laws reach ages beyond COPPA's under-13 threshold.

What is the California Age-Appropriate Design Code?

The California AADC (AB 2273), enacted in 2022, requires online services likely to be accessed by children under 18 to conduct data protection impact assessments, configure default privacy settings to the highest level, and refrain from profiling children by default. A federal court preliminarily enjoined the law in 2023. The Ninth Circuit has since ruled twice, in August 2024 and again on March 12, 2026, each time upholding the injunction only in part. The data use and dark patterns restrictions remain blocked, while the blocks on the coverage definition and the age estimation requirement were vacated, and the case is back before the district court.

Why have courts blocked some state children's privacy laws?

Federal courts have blocked laws in Arkansas and Utah and partially in California, primarily on First Amendment grounds. Courts have found that age verification requirements burden adult users' access to lawful speech, that account bans restrict minors' own speech rights, and that states have not demonstrated these laws are the least restrictive means of achieving their goals. Not every challenge has succeeded, though: the Eleventh Circuit stayed the injunction against Florida's HB 3 in November 2025, and the Sixth Circuit reversed the judgment against Ohio's act in June 2026.

How do states verify a user's age online?

States have used or authorized several methods: government ID upload, commercial age estimation technology (AI-based facial analysis), self-declared date of birth, and parental identity verification. Each method involves tradeoffs between accuracy and privacy, since stronger verification requires collecting more personal data.

Does Ohio require parental notification or parental consent?

Consent, despite the name. The Parental Notification by Social Media Operators Act, enacted in H.B. 33 of the 135th General Assembly and codified at Ohio Revised Code Section 1349.09, requires a covered operator to obtain verifiable consent from a parent or legal guardian before a user under 16 can register or create a username, and it lists the verification methods that qualify. A federal district court blocked the act, but the Sixth Circuit reversed that judgment on June 18, 2026 in NetChoice v. Yost and directed entry of judgment for the Ohio Attorney General.

Do these state laws apply to all websites or only social media?

It varies by state. Utah, Arkansas, Louisiana, and Florida target social media platforms specifically, defined by features like user-generated content and algorithmic curation. California's AADC and Maryland's Kids Code apply broadly to any online service 'likely to be accessed by children,' which covers a much wider range of websites, apps, and digital products.

What should parents do if their state does not have a children's online privacy law?

Federal COPPA still protects children under 13 nationwide. Parents can use platform-specific parental controls, review privacy settings on their children's devices and accounts, and opt out of data collection where platforms offer that choice. The FTC also provides resources at ftc.gov for parents seeking to protect their children's data online.

Updates

Corrected the state-by-state litigation and statute details after re-checking primary sources: Utah's SB 152 was repealed and replaced by the SB 194 Minor Protection in Social Media Act, which has been enjoined since September 2024; Ohio's law is Ohio Rev. Code 1349.09 (H.B. 33) and requires verifiable parental consent, with the Sixth Circuit reversing the injunction in June 2026; Florida's HB 3 is enforceable after the Eleventh Circuit's November 2025 stay; Arkansas's Act 689 was permanently enjoined in March 2025; Louisiana's act took effect July 1, 2025; the California AADC is only partly enjoined after two Ninth Circuit rulings; the Virginia section now cites Va. Code 8.01-40.5; and the COPPA preemption provision is described correctly.

Governing law re-checked for recent changes

Sources and References

  1. California Age-Appropriate Design Code Act (AB 2273)(leginfo.legislature.ca.gov).gov
  2. California SB 976 (Protecting Our Kids from Social Media Addiction Act)(leginfo.legislature.ca.gov).gov
  3. California AB 1394 (CSAM Reporting)(leginfo.legislature.ca.gov).gov
  4. Utah SB 152 (Social Media Regulation Act)(le.utah.gov).gov
  5. Texas HB 18 (SCOPE Act)(capitol.texas.gov).gov
  6. Louisiana Act 440 (HB 61)(legis.la.gov).gov
  7. Arkansas Social Media Safety Act (SB 396)(arkleg.state.ar.us).gov
  8. Ohio HB 311 (Parental Notification Act)(legislature.ohio.gov).gov
  9. Florida HB 3 (Social Media for Minors Act)(flsenate.gov).gov
  10. Virginia HB 1624 (Age Verification)(lis.virginia.gov).gov
  11. Maryland Kids Code (SB 571)(mgaleg.maryland.gov).gov
  12. Minnesota Age-Appropriate Design Code (2024 Session Law Ch. 124)(revisor.mn.gov).gov
  13. COPPA State Enforcement Authority (15 U.S.C. § 6502(d))(uscode.house.gov).gov
  14. New York SAFE for Kids Act (S7694)(nysenate.gov).gov
  15. 15 U.S.C. 6502(d), Inconsistent State law (COPPA preemption provision)(govinfo.gov)
  16. Utah SB 194 (2024, enrolled), enacting the Utah Minor Protection in Social Media Act at Utah Code 13-71-101 to 401(le.utah.gov)
  17. Utah HB 464 (2024, enrolled), repealing Utah Code 13-63-101 to 13-63-701 (Social Media Regulation Act)(le.utah.gov)
  18. NetChoice v. Reyes, No. 2:23-cv-00911 (D. Utah Sept. 10, 2024), preliminary injunction against Utah Code 13-71-101 to 401(govinfo.gov)
  19. La. R.S. 51:1752, Secure Online Child Interaction and Age Limitation Act (Acts 2023 No. 456; effective date moved to July 1, 2025 by Acts 2024 No. 656)(legis.la.gov)
  20. NetChoice, LLC v. Griffin, No. 5:23-cv-05105-TLB (W.D. Ark. Mar. 31, 2025), permanently enjoining Arkansas Act 689 of 2023(govinfo.gov)
  21. Ohio Rev. Code 1349.09, Parental notification by social media operators (H.B. 33, 135th General Assembly)(codes.ohio.gov)
  22. NetChoice, LLC v. Yost, No. 25-3371 (6th Cir. June 18, 2026), reversing the judgment against Ohio Rev. Code 1349.09(opn.ca6.uscourts.gov)
  23. Computer & Communications Industry Association v. Uthmeier, No. 4:24-cv-438 (N.D. Fla. June 3, 2025), preliminary injunction against Fla. Stat. 501.1736(govinfo.gov)
  24. Florida Senate staff analysis, SB 1722 (2026), noting the Eleventh Circuit's November 2025 stay of the HB 3 injunction(flsenate.gov)
  25. NetChoice, LLC v. Bonta, No. 23-2969 (9th Cir. Aug. 16, 2024), affirming in part and vacating in part the CAADCA injunction(cdn.ca9.uscourts.gov)
  26. NetChoice, LLC v. Bonta, No. 25-2366 (9th Cir. Mar. 12, 2026), second CAADCA preliminary-injunction appeal(cdn.ca9.uscourts.gov)
  27. Va. Code 8.01-40.5, Publishing or distributing material harmful to minors on the Internet (2023, c. 811)(law.lis.virginia.gov)
  28. Va. Code 59.1-578(F), Virginia Consumer Data Protection Act restrictions on processing a known child's data(law.lis.virginia.gov)
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