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--- version:Introduced Version+++ version:(document, no version)@@ -1,355 +1,403 @@- - i ---REFERENCE TITLE: software applications; minors; requirements--State of Arizona-House of Representatives-Fifty-seventh Legislature-Second Regular Session-2026--HB 2920--Introduced by-Representatives Way: Biasiucci, Bliss, Carbone, Carter N, Diaz, Fink,-Gress, Lopez, Marshall, Nguyen, Taylor--AN ACT--AMENDING TITLE 44, CHAPTER 9, ARIZONA REVISED STATUTES, BY ADDING ARTICLE-27; RELATING TO TRADE PRACTICES.--(TEXT OF BILL BEGINS ON NEXT PAGE)--HB 2920-- - 1 --Be it enacted by the Legislature of the State of Arizona: 1-Section 1. Title 44, chapter 9, Arizona Revised Statutes, is 2-amended by adding article 27, to read: 3-ARTICLE 27. SOFTWARE APPLICATIONS 4-44-1383. Definitions-5-IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES: 6-1. "ACCOUNT HOLDER" MEANS THE INDIVIDUAL WHO IS ASSOCIATED WITH A 7-MOBILE DEVICE. 8-2. "AGE CATEGORY": 9-(a) MEANS A CATEGORY THAT IS BASED ON AN INDIVIDUAL'S AGE. 10-(b) INCLUDES THE FOLLOWING: 11-(i) AN INDIVIDUAL WHO IS LESS THAN THIRTEEN YEARS OF AGE. 12-(ii) AN INDIVIDUAL WHO IS AT LEAST THIRTEEN YEARS OF AGE AND NOT 13-MORE THAN SIXTEEN YEARS OF AGE. 14-(iii) AN INDIVIDUAL WHO IS AT LEAST SIXTEEN YEARS OF AGE AND LESS 15-THAN EIGHTEEN YEARS OF AGE. 16-(iv) AN INDIVIDUAL WHO IS EIGHTEEN OR MORE YEARS OF AGE. 17-3. "AGE CATEGORY DATA" MEANS INFORMATION ABOUT AN ACCOUNT HOLDER'S 18-AGE CATEGORY THAT IS COLLECTED BY AN APP STORE PROVIDER AND THAT IS SHARED 19-WITH A DEVELOPER. 20-4. "AGE RATING" MEANS ONE OR MORE CLASSIFICATIONS THAT ASSESS THE 21-SUITABILITY OF AN APP'S CONTENT AND FUNCTION FOR DIFFERENT AGE GROUPS. 22-5. "APPLICATION" OR "APP" MEANS A SOFTWARE APPLICATION OR 23-ELECTRONIC SERVICE THAT A USER MAY RUN OR DIRECT ON A MOBILE DEVICE, 24-INCLUDING PREINSTALLED APPLICATIONS. 25-6. "APP STORE" MEANS A PUBLICLY AVAILABLE WEBSITE, SOFTWARE 26-APPLICATION OR ELECTRONIC SERVICE THAT ALLOWS ACCOUNT HOLDERS TO DOWNLOAD 27-APPLICATIONS FROM THIRD-PARTY DEVELOPERS ONTO A MOBILE DEVICE. 28-7. "APP STORE PROVIDER" MEANS A PERSON THAT OWNS, OPERATES OR 29-CONTROLS AN APP STORE THAT ALLOWS ACCOUNT HOLDERS IN THIS STATE TO 30-DOWNLOAD APPS TO A MOBILE DEVICE. 31-8. "CONTENT DESCRIPTION" MEANS A DESCRIPTION OF THE SPECIFIC 32-CONTENT ELEMENTS OR FUNCTIONS THAT INFORMED AN APP'S AGE RATING. 33-9. "DEVELOPER" MEANS A PERSON THAT OWNS OR CONTROLS AN APPLICATION 34-THAT WAS EITHER MADE AVAILABLE THROUGH AN APP STORE OR PREINSTALLED ONTO A 35-MOBILE DEVICE. 36-10. "KNOWINGLY" MEANS TO ACT WITH ACTUAL KNOWLEDGE OR TO ACT WITH 37-KNOWLEDGE FAIRLY INFERRED BASED ON OBJECTIVE CIRCUMSTANCES. 38-11. "MINOR": 39-(a) HAS THE SAME MEANING PRESCRIBED IN SECTION 1-215. 40-(b) DOES NOT INCLUDE AN INDIVIDUAL WHO IS EITHER: 41-(i) MARRIED. 42-(ii) LEGALLY EMANCIPATED. 43-HB 2920-- - 2 --12. "MINOR ACCOUNT" MEANS AN ACCOUNT WITH AN APP STORE PROVIDER 1-THAT IS ESTABLISHED BY A MINOR AND THAT IS AFFILIATED WITH A PARENT 2-ACCOUNT. 3-13. "MOBILE DEVICE" MEANS A PHONE OR GENERAL PURPOSE TABLET THAT: 4-(a) PROVIDES CELLULAR OR WIRELESS CONNECTIVITY. 5-(b) RUNS A MOBILE OPERATING SYSTEM. 6-(c) IS CAPABLE OF CONNECTING TO THE INTERNET. 7-(d) IS CAPABLE OF RUNNING APPLICATIONS THROUGH THE MOBILE OPERATING 8-SYSTEM. 9-14. "MOBILE OPERATING SYSTEM" MEANS SOFTWARE THAT DOES ALL OF THE 10-FOLLOWING: 11-(a) MANAGES MOBILE DEVICE HARDWARE RESOURCES. 12-(b) PROVIDES COMMON SERVICES FOR MOBILE DEVICE PROGRAMS. 13-(c) CONTROLS MEMORY ALLOCATION. 14-(d) PROVIDES INTERFACES FOR APPS TO ACCESS DEVICE FUNCTIONALITY. 15-15. "PARENT" MEANS, WITH RESPECT TO A MINOR, AN INDIVIDUAL WHO IS 16-REASONABLY BELIEVED TO BE ANY OF THE FOLLOWING: 17-(a) A PARENT. 18-(b) A LEGAL GUARDIAN. 19-(c) AN INDIVIDUAL WITH LEGAL CUSTODY. 20-(d) AN INDIVIDUAL WHO HAS THE LEGAL AUTHORITY TO MAKE DECISIONS ON 21-BEHALF OF THE MINOR UNDER THIS STATE'S LAWS. 22-16. "PARENT ACCOUNT" MEANS AN ACCOUNT WITH AN APP STORE PROVIDER 23-THAT: 24-(a) IS VERIFIED TO BE ESTABLISHED BY AN INDIVIDUAL WHO IS AT LEAST 25-EIGHTEEN YEARS OF AGE OR IS MARRIED OR LEGALLY EMANCIPATED. THE APP STORE 26-PROVIDER SHALL USE ITS AGE VERIFICATION METHODS TO MAKE THIS 27-DETERMINATION. 28-(b) MAY BE AFFILIATED WITH ONE OR MORE MINOR ACCOUNTS. 29-17. "PARENTAL CONSENT DISCLOSURE" MEANS THE FOLLOWING INFORMATION: 30-(a) THE APP'S OR IN-APP PURCHASE'S AGE RATING IF THE APP STORE 31-PROVIDER HAS AN AGE RATING FOR THE APP OR IN-APP PURCHASE. 32-(b) THE APP'S OR IN-APP PURCHASE'S CONTENT DESCRIPTION IF THE APP-33-STORE PROVIDER HAS A CONTENT DESCRIPTION FOR THE APP OR IN-APP PURCHASE. 34-(c) A DESCRIPTION OF ALL OF THE FOLLOWING: 35-(i) THE PERSONAL DATA COLLECTED BY THE APPLICATION FROM THE ACCOUNT 36-HOLDER. 37-(ii) THE PERSONAL DATA SHARED BY THE APP WITH A THIRD PARTY. 38-(iii) THE METHODS IMPLEMENTED BY THE DEVELOPER TO PROTECT PERSONAL 39-DATA IF THE PERSONAL DATA IS COLLECTED BY THE APP. 40-18. "PREINSTALLED APPLICATION": 41-(a) MEANS ANY APPLICATION, OR PORTION OF AN APPLICATION, THAT IS 42-PRESENT ON A MOBILE DEVICE AT THE TIME OF PURCHASE, INITIAL ACTIVATION OR 43-FIRST USE BY THE CONSUMER, INCLUDING: 44-(i) BROWSERS. 45-HB 2920-- - 3 --(ii) SEARCH ENGINES AND MESSAGING. 1-(iii) AN APPLICATION OR A PORTION OF AN APPLICATION INSTALLED OR 2-PARTIALLY INSTALLED BY THE DEVICE MANUF ACTURER, WIRELESS SERVICE PROVIDER 3-OR RETAILER OR ANY OTHER PARTY BEFORE PURCHASE, INITIAL ACTIVATION OR 4-FIRST USE BY THE CONSUMER AND THAT MAY BE UPDATED AFTER THE PURCHASE, 5-INITIAL ACTIVATION OR FIRST USE. 6-(b) DOES NOT INCLUDE: 7-(i) CORE OPERATING SYSTEM FUNCTIONS. 8-(ii) ESSENTIAL DEVICE DRIVERS. 9-(iii) APPLICATIONS NECESSARY FOR BASIC DEVICE OPERATION, SUCH AS 10-PHONES, SETTINGS AND EMERGENCY SERVICES APPLICATIONS. 11-19. "SIGNIFICANT CHANGE": 12-(a) MEANS A MATERIAL MODIFICATION TO AN APPLICATION'S TERMS OF 13-SERVICE OR PRIVACY POLICY THAT MATERIALLY: 14-(i) CHANGES THE CATEGORIES OF DATA COLLECTED, STORED OR SHARED. 15-(ii) ALTERS THE APPLICATION'S AGE RATING OR CONTENT DESCRIPTION. 16-(b) INCLUDES: 17-(i) IN-APP PURCHASES IF THERE WERE NO IN-APP PURCHASES PREVIOUSLY 18-PRESENT. 19-(ii) ADVERTISEMENTS IF THERE WERE NO ADVERTISEMENTS PREVIOUSLY 20-PRESENT IN THE APP. 21-20. "VERIFIABLE PARENTAL CONSENT": 22-(a) MEANS AUTHORIZATION THAT IS PROVIDED BY A PARENT ACCOUNT AFTER 23-THE APP STORE PROVIDER HAS CLEARLY AND CONSPICUOUSLY PROVIDED A PARENTAL 24-CONSENT DISCLOSURE AS PART OF THE APPLICATION DOWNLOAD OR PURCHASE OR 25-DURING THE IN-APP PURCHASING PROCESS. 26-(b) INCLUDES CONSENT BY A PARENT WHO PROVIDES AN AFFIRMATIVE CHOICE 27-TO EITHER: 28-(i) GRANT CONSENT. 29-(ii) DECLINE CONSENT. 30-44-1383.01.-App store providers; duties; requirements 31-A. IF AN INDIVIDUAL WHO IS LOCATED IN THIS STATE CREATES AN ACCOUNT 32-WITH AN APP STORE PROVIDER OR FOR EXISTING ACCOUNTS WITHIN TWELVE MONTHS 33-BEFORE THE EFFECTIVE DATE OF THIS SECTION, THE APP STORE PROVIDER SHALL 34-BOTH: 35-1. REQUEST THE AGE CATEGORY INFORMATION FROM THE INDIVIDUAL. 36-2. VERIFY THE INDIVIDUAL'S AGE CATEGORY BY USING EITHER: 37-(a) A COMMERCIALLY AVAILABLE METHOD THAT IS REASONABLY DESIGNED TO 38-ENSURE ACCURACY. 39-(b) AN AGE VERIFICATION METHOD OR PROCESS THAT COMPLIES WITH RULES 40-ADOPTED BY THE ATTORNEY GENERAL PURSUANT TO SECTION 44-1383.03. 41-B. IF THE APP STORE PROVIDER DETERMINES THAT THE INDIVIDUAL IS A 42-MINOR, THE APP STORE PROVIDER SHALL: 43-1. REQUIRE THE MINOR'S ACCOUNT TO BE AFFILIATED WITH A PARENT 44-ACCOUNT. 45-HB 2920-- - 4 --2. OBTAIN VERIFIABLE PARENTAL CONSENT FROM THE HOLDER OF THE 1-AFFILIATED PARENT ACCOUNT EACH TIME BEFORE ALLOWING THE MINOR TO DO ANY OF 2-THE FOLLOWING: 3-(a) DOWNLOAD AN APPLICATION. 4-(b) PURCHASE AN APPLICATION. 5-(c) MAKE AN IN-APP PURCHASE. 6-3. AFTER RECEIVING NOTICE OF A SIGNIFICANT CHANGE FROM A DEVELOPER, 7-DO BOTH OF THE FOLLOWING: 8-(a) NOTIFY THE PARENT ACCOUNT HOLDER OF THE SIGNIFICANT CHANGE. 9-(b) FOR A MINOR ACCOUNT, NOTIFY THE PARENT ACCOUNT OF THE 10-SIGNIFICANT CHANGE AND OBTAIN RENEWED VERIFIABLE PARENTAL CONSENT BEFORE 11-PROVIDING ACCESS TO THE SIGNIFICANTLY CHANGED VERSION OF THE APPLICATION 12-EVEN IF PARENTAL CONSENT WAS GRANTED BEFORE THE SIGNIFICANT CHANGE. 13-4. IN RESPONSE TO A REQUEST FROM A DEVELOPER PURSUANT TO SECTION 14-44-1383.02, PROVIDE TO THE DEVELOPER THE AGE CATEGORY DATA FOR AN ACCOUNT 15-HOLDER THAT IS LOCATED IN THIS STATE AND THE STATUS OF VERIFIABLE PARENTAL 16-CONSENT FOR A MINOR WHO IS LOCATED IN THIS STATE. 17-5. PROVIDE A MECHANISM FOR A PARENT ACCOUNT HOLDER TO WITHDRAW 18-CONSENT AND NOTIFY THE DEVELOPER WHEN A PARENT WITHDRAWS VERIFIABLE 19-PARENTAL CONSENT. 20-6. PROTECT AGE CATEGORY DATA AND ASSOCIATED VERIFICATION DATA BY 21-LIMITING THE COLLECTION AND PROCESSING OF THE NECESSARY DATA TO DO ALL OF 22-THE FOLLOWING: 23-(a) VERIFY AN ACCOUNT HOLDER'S AGE CATEGORY. 24-(b) OBTAIN VERIFIABLE PARENTAL CONSENT. 25-(c) MAINTAIN COMPLIANCE RECORDS. 26-(d) TRANSMIT AGE CATEGORY DATA USING INDUSTRY STANDARD ENCRYPTION 27-PROTOCOLS TO ENSURE DATA INTEGRITY AND CONFIDENTIALITY. 28-7. FOR PREINSTALLED APPS, DO BOTH OF THE FOLLOWING: 29-(a) PROVIDE AVAILABLE AGE CATEGORY INFORMATION IN RESPONSE TO A 30-REQUEST FROM A DEVELOPER. 31-(b) TAKE REASONABLE MEASURES TO FACILITATE VERIFIABLE PARENTAL 32-CONSENT FOR USE OF THE APPLICATION IN RESPONSE TO A REQUEST FROM A 33-DEVELOPER. 34-C. AN APP STORE PROVIDER MAY NOT DO ANY OF THE FOLLOWING: 35-1. ENFORCE A CONTRACT OR TERMS OF SERVICE AGAINST A MINOR UNLESS 36-THE APP STORE PROVIDER HAS OBTAINED VERIFIABLE PARENTAL CONSENT. 37-2. KNOWINGLY MISREPRESENT THE INFORMATION IN THE PARENTAL CONSENT 38-DISCLOSURE. 39-3. SHARE AGE CATEGORY DATA AND ANY ASSOCIATED DATA EXCEPT AS 40-REQUIRED BY THIS ARTICLE OR AS OTHERWISE REQUIRED BY LAW. 41-44-1383.02. Developer requirements; app store purchases; age 42-category verification 43-A. A DEVELOPER SHALL: 44-HB 2920-- - 5 --1. VERIFY THROUGH THE APP STORE'S DATA SHARING METHODS THE AGE 1-CATEGORY DATA OF THE ACCOUNT HOLDER WHO IS LOCATED IN THIS STATE AND, FOR 2-A MINOR, WHETHER VERIFIABLE PARENTAL CONSENT HAS BEEN OBTAINED. 3-2. NOTIFY EACH APP STORE PROVIDER ABOUT A SIGNIFICANT CHANGE TO AN 4-APPLICATION. 5-3. USE AGE CATEGORY DATA RECEIVED THROUGH THE APP STORE'S DATA 6-SHARING METHODS TO BOTH: 7-(a) ENFORCE ANY DEVELOPER-CREATED, AGE-RELATED RESTRICTION OR 8-SAFETY-RELATED FEATURE OR DEFAULT. 9-(b) ENSURE COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS. 10-4. REQUEST AGE CATEGORY DATA OR VERIFIABLE PARENTAL CONSENT AT THE 11-TIME AN ACCOUNT HOLDER DOES ANY OF THE FOLLOWING: 12-(a) DOWNLOADS AN APPLICATION. 13-(b) PURCHASES AN APPLICATION. 14-(c) LAUNCHES A PREINSTALLED APPLICATION FOR THE FIRST TIME. 15-(d) IMPLEMENTS A SIGNIFICANT CHANGE TO THE APPLICATION. 16-(e) COMPLIES WITH APPLICABLE LAW. 17-B. A DEVELOPER MAY REQUEST AGE CATEGORY DATA: 18-1. NOT MORE THAN ONE TIME DURING A TWELVE-MONTH PERIOD TO VERIFY 19-EITHER OF THE FOLLOWING: 20-(a) THE ACCURACY OF THE AGE CATEGORY DATA THAT IS ASSOCIATED WITH 21-THE ACCOUNT HOLDER. 22-(b) WHETHER CONTINUED ACCOUNT USE IS WITHIN THE PROPER AGE 23-CATEGORY. 24-2. WHEN THERE IS REASONABLE SUSPICION OF EITHER: 25-(a) AN ACCOUNT TRANSFER. 26-(b) ANY MISUSE OUTSIDE OF THE AGE CATEGORY. 27-3. AT THE TIME AN ACCOUNT HOLDER CREATES A NEW ACCOUNT WITH THE 28-DEVELOPER. 29-C. WHEN IMPLEMENTING ANY DEVELOPER-CREATED, AGE-RELATED 30-RESTRICTIONS OR SAFETY-RELATED FEATURES OR DEFAULTS, A DEVELOPER SHALL USE 31-THE LOWEST AGE CATEGORY INDICATED BY EITHER: 32-1. THE AGE CATEGORY DATA RECEIVED THROUGH THE APP STORE'S DATA 33-SHARING METHODS. 34-2. THE AGE DATA INDEPENDENTLY COLLECTED BY THE DEVELOPER. 35-D. A DEVELOPER MAY NOT DO ANY OF THE FOLLOWING: 36-1. ENFORCE A CONTRACT OR TERMS OF SERVICE AGAINST A MINOR UNLESS 37-THE DEVELOPER HAS VERIFIED THROUGH THE APP STORE'S DATA SHARING METHODS-38-THAT VERIFIABLE PARENTAL CONSENT HAS BEEN OBTAINED. 39-2. KNOWINGLY MISREPRESENT ANY INFORMATION IN THE PARENTAL CONSENT 40-DISCLOSURE. 41-3. SHARE AGE CATEGORY DATA WITH ANY PERSON. 42-HB 2920-- - 6 --44-1383.03. Attorney general; rulemaking-1-THE ATTORNEY GENERAL SHALL ADOPT RULES TO ESTABLISH PROCESSES AND 2-MEANS BY WHICH AN APP STORE PROVIDER MAY VERIFY AN ACCOUNT HOLDER'S AGE 3-CATEGORY IN ACCORDANCE WITH THIS ARTICLE. 4-44-1383.04. Civil action; attorney general; enforcement; 5-violation; penalties 6-A. A MINOR OR THE PARENT OF A MINOR WHO HAS BEEN HARMED BY A 7-VIOLATION OF THIS ARTICLE MAY BRING A CIVIL ACTION AGAINST THE APP STORE 8-PROVIDER OR THE DEVELOPER. 9-B. A COURT OF COMPETENT JURISDICTION MAY AWARD A PREVAILING 10-PLAINTIFF ANY OR ALL OF THE FOLLOWING: 11-1. THE GREATER OF EITHER THE ACTUAL DAMAGES AMOUNT OR $1,000 FOR 12-EACH VIOLATION. 13-2. PUNITIVE DAMAGES IF THE VIOLATION WAS EGREGIOUS. 14-3. REASONABLE ATTORNEY FEES. 15-4. LITIGATION COSTS. 16-C. A VIOLATION OF THIS ARTICLE IS A CONSUMER FRAUD VIOLATION 17-PURSUANT TO CHAPTER 10, ARTICLE 7 OF THIS TITLE. 18-D. IN ADDITION TO ANY OTHER REMEDY AVAILABLE UNDER STATE LAW, THE 19-ATTORNEY GENERAL MAY BRING AN ACTION AGAINST AN APP STORE PROVIDER OR A 20-DEVELOPER TO: 21-1. RECOVER A CIVIL PENALTY OF NOT MORE THAN $75,000 FOR EACH 22-VIOLATION. 23-2. RESTRAIN OR ENJOIN THE APP STORE PROVIDER OR DEVELOPER FROM 24-VIOLATING THIS ARTICLE. 25-3. SEEK INJUNCTIVE RELIEF. 26-4. RECOVER REASONABLE ATTORNEY FEES. 27-5. RECOVER LITIGATION COSTS AND REASONABLE COSTS FOR INVESTIGATING 28-THE VIOLATION. 29-44-1383.05. Developer immunity; applicability 30-A. A DEVELOPER IS IMMUNE FROM LIABILITY FOR A VIOLATION OF THIS 31-ARTICLE IF THE DEVELOPER DEMONSTRATES THAT THE DEVELOPER BOTH: 32-1. RELIED IN GOOD FAITH ON BOTH: 33-(a) THE APPLICABLE AGE CATEGORY DATA THAT WAS RECEIVED THROUGH THE 34-APP STORE'S DATA SHARING METHODS. 35-(b) THE NOTIFICATION PROVIDED BY THE APP STORE PROVIDER THAT 36-VERIFIABLE PARENTAL CONSENT WAS OBTAINED IF THE ACCOUNT HOLDER IS A MINOR. 37-2. COMPLIED WITH THE REQUIREMENTS DESCRIBED IN SECTION 44-1383.02. 38-B. IN DETERMINING AN APPLICATION'S AGE RATING AND CONTENT 39-DESCRIPTION, A DEVELOPER IS NOT LIABLE FOR A VIOLATION OF THIS ARTICLE IF 40-THE DEVELOPER USES WIDELY ADOPTED INDUSTRY STANDARDS TO DETERMINE THE 41-APPLICATION'S AGE CATEGORY AND CONTENT DESCRIPTION AND APPLIES THOSE 42-STANDARDS CONSISTENTLY AND IN GOOD FAITH. 43-C. THE IMMUNITY DESCRIBED IN THIS SECTION BOTH: 44-1. APPLIES ONLY TO ACTIONS BROUGHT UNDER THIS ARTICLE. 45-HB 2920-- - 7 --2. DOES NOT LIMIT A DEVELOPER OR AN APP STORE PROVIDER'S LIABILITY 1-UNDER ANY OTHER APPLICABLE LAW. 2-D. THIS ARTICLE DOES NOT REPLACE ANY OTHER AVAILABLE REMEDY OR 3-RIGHT IN STATE OR FEDERAL LAW. 4-44-1383.06. Application-5-THIS CHAPTER DOES NOT: 6-1. PREVENT AN APP STORE PROVIDER OR DEVELOPER FROM TAKING 7-REASONABLE MEASURES TO: 8-(a) BLOCK, DETECT OR PREVENT DISTRIBUTION TO MINORS OF: 9-(i) UNLAWFUL MATERIAL. 10-(ii) OBSCENE MATERIAL. 11-(iii) OTHER HARMFUL MATERIAL. 12-(b) BLOCK OR FILTER SPAM. 13-(c) PREVENT CRIMINAL ACTIVITY. 14-(d) PROTECT AN APP STORE OR APP SECURITY. 15-2. REQUIRE AN APP STORE PROVIDER TO DISCLOSE USER INFORMATION TO A 16-DEVELOPER BEYOND AGE CATEGORY DATA OR STATUS OF PARENTAL CONSENT. 17-3. ALLOW AN APP STORE PROVIDER OR DEVELOPER TO IMPLEMENT MEASURES 18-REQUIRED BY THIS CHAPTER IN A MANNER THAT IS ARBITRARY, CAPRICIOUS, 19-ANTICOMPETITIVE OR UNLAWFUL. 20-4. REQUIRE A DEVELOPER TO COLLECT, RETAIN, REIDENTIFY OR LINK ANY 21-INFORMATION BEYOND WHAT IS EITHER: 22-(a) NECESSARY TO VERIFY AGE CATEGORY DATA AS REQUIRED BY THIS 23-CHAPTER. 24-(b) COLLECTED, RETAINED, REIDENTIFIED OR LINKED IN THE DEVELOPER'S 25-ORDINARY COURSE OF BUSINESS. 26-5. REQUIRE AN APP STORE PROVIDER OR DEVELOPER TO BLOCK ACCESS TO AN 27-APPLICATION THAT AN ACCOUNT HOLDER HAS DOWNLOADED OR INSTALLED ONTO A 28-MOBILE DEVICE BEFORE THE EFFECTIVE DATE OF THIS SECTION, EXCEPT TO THE 29-EXTENT THAT: 30-(a) A PARENT ACCOUNT REVOKES A VERIFIABLE CONSENT FOR AN AFFILIATED 31-MINOR ACCOUNT. 32-(b) THERE HAS BEEN A SIGNIFICANT CHANGE TO THE APPLICATION. 33-Sec. 2. Effective date 34-This act is effective from and after November 30, 2026. 35-Sec. 3. Severability 36-If a provision of this act or its application to any person or 37-circumstance is held invalid, the invalidity does not affect other 38-provisions or applications of the act that can be given effect without the 39-invalid provision or application, and to this end the provisions of this 40-act are severable. 41+ARIZONA HOUSE OF REPRESENTATIVES++57th+ Legislature, 2nd Regular Session++Majority Research Staff++HB+2920: software applications; minors; requirements++Sponsor:+Representative Way, LD 15++Committee+on Science & Technology++Overview++Outlines+app store provider (Provider) and developer verification requirements for minor+users.++History++In existing statute commercial entities that knowingly or+intentionally publish or distribute more than one-third sexual content material+on the internet, including social media platforms, are required to obtain+reasonable age verification methods to determine if a user attempting to access+the website is at least 18 years old. These commercial entities are required to+obtain a form of digital identification or comply with a commercial age+verification system, neither of these methods will allow the information to be+transmitted to any federal, state or local government entity (A.R.S. � 18-701).�++Several states have enacted legislation that require an app+store to verify the individuals age or obtain age verification to ensure the+user is of proper age to be accessing the material, including:++1) Texas+passed SB2420,+effective January 1, 2026, that requires the app store to use commercially+reasonable method of verification to verify the users age to put the user into+predetermined age categories;++2) Louisiana+passed HB570,+effective July 1, 2026, that requires an app store to request age information+from the user and that the app store verify the individuals age category using+commercially available methods, also this act requires the account be+affiliated with a parent account; and++3) Utah+passed the Utah's App+Store Accountability Act that requires an app store provider to request+age information and verify the persons age category using commercially+available methods. This is also required if the app is significantly changed,+for notification to be sent to the account holder and if the account holder is+a minor for attached parent account to be notified.++Provisions++Provider+Requirements++1.+Requires a Provider+to request and verify the age category information of an individual who creates+an account with the Provider. (Sec. 1)++2.+Instructs a+Provider, if the Provider determines the+individual is a minor, to:++a.+require the+minors account to be affiliated with a parent account;++b.+obtain+verifiable parental consent from the holder of the affiliated parent account each+time before allowing the minor to �download+or purchase an application or make an in-application purchase;++c. provide a mechanism+for the parent account holder to withdraw consent and notify the developer when+a parent withdraws consent; and++d.+protect+age category and associated verification data as specified. (Sec. 1)++3.+Requires a Provider,+after receiving notice of a significant change from a developer to:++a.+notify the+parent account holder of the significant change; and++b.+for a minor+account, notify the parent account of the significant change and obtain renewed+parental consent before providing access to the changed version of the+application.++4.+Instructs a Provider,+in response to a request from a developer, to provide the age category data for+an account holder and the status of verifiable parental consent for a minor.+(Sec. 1)++5.+Requires a+Provider, for preinstalled applications, to:++a.+provide+available age category information in case of a request from a developer; and++b.+take+reasonable measures to facilitate verifiable parental consent for use of the+application in response to a request from a developer. (Sec. 1)++6.+Restricts a+Provider from any of the following:++a.+enforcing a+contract or terms of service against a minor unless a Provider has obtained+verifiable parental consent;++b.+knowingly misrepresents+the information in the parental consent disclosure; or++c.+share age+category data and any associated data except as required. (Sec. 1)++Developer+Requirements++7.+Requires a developer+to do the following;++a.+verify+through the app stores data sharing methods the age category data of the+account holder and, for a minor, whether verifiable parental consent was+obtained;++b.+notify each Provider+about a significant change to an application;++c.+use age+category data received through the app store's data sharing methods to:++i.+enforce any+developer-created, age-related restrictions or safety-related feature; and++ii.+ensure+compliance with applicable laws and regulations. (Sec. 1)++8.+Instructs a developer+to request age category data or verifiable parental consent at the time an+account holder does any of the following:++a.+downloads or+purchases an application;++b.+launches a+preinstalled application for the first time;++c.+implements a+significant change to the application; or++d.+complies+with an applicable law. (Sec. 1)++9.+Allows a developer+to request age category data not more than once during a 12-month period to+verify:++a.+the accuracy+of the data;++b.+whether+continued account use is within the proper age category;++c.+when there+is reasonable suspicion of an account transfer or misuse outside of the age+category; or++d.+at the time+an account holder creates a new account. (Sec. 1)++10.+Instructs a developer+to use the lowest age category indicated by the data received through the app+store's data sharing method or the age data collected by the developer to+implement any developer-created age-related restrictions or safety-related+features. (Sec. 1)++11.+Prohibits a developer+from doing any of the following:++a.+enforcing a+contract or terms of service against a minor unless the developer has verified+through the app store that verifiable parental consent has been obtained;++b.+knowingly+misrepresented any information in the parental consent disclosure; or++c.+sharing age+category data with any person. (Sec. 1)++12.+Instructs+the Attorney General to adopt rules to establish processes and means by which a+Provider may verify an account holder's age category. (Sec. 1)++13.+Allows a minor+or a parent of a minor who has been harmed by a violation to bring a �against a+Provider or a developer. (Sec. 1)++14.+Grants a+court of competent jurisdiction to award a prevailing plaintiff:++a.+the greater+of either the actual damages amount or $1,000 per violation;++b.+punitive+damages if the violation was egregious;++c.+reasonable+attorney fees; and++d.+litigation+costs. (Sec. 1)++15.+Asserts a+violation is a consumer fraud violation. (Sec. 1)++16.+Allows the+Attorney General to bring an action against a Provider or developer to:++a.+recover a+civil penalty of not more than $75,000 for each violation;++b.+restrain or+enjoin the app store provider or developer from violations;++c.+seek+injunctive relief;++d.+recover+reasonable attorney fees; and++e.+recover+litigation costs and reasonable costs for investigating the violations. (Sec.+1)++17.+Exempts the+developer from liability for a violation if the developer demonstrates they+relied in good faith in the age category data that was collected and complied+with specified requirements. (Sec.1)++18.+Stipulates+if the developer determined the age category and content description in good+faith, the developer is not liable for a violation. (Sec. 1)++19.+Prescribes+immunity that applies only to actions brought under by this act and does not+limit a developer or a Provider's liability under any applicable existing law.+(Sec.1)++20.+Asserts this+act does not replace any other available remedy or right in state or federal+law. (Sec. 1)++21.+Specifies that+this legislation does not prevent a Provider or developer from taking �reasonable+measures to:++a.+block,+detect or prevent distribution to minors of;++i.+unlawful+material;++ii.+obscene+material;++iii.+other+harmful material++b.+block of+filter spam;++c.+prevent+criminal activity; and++d.+protect an+app store or app security. (Sec. 1)++22.+Specifies that+a Provider does not have disclose user information to a developer beyond age+category data or status of parental consent. (Sec. 1)++23.+Prohibits a+Provider or developer from implementing measures in a manner that are+arbitrary, capricious, anticompetitive or unlawful. (Sec. 1)++24.+Prohibits a+developer to collect, retain, reidentify or link any information that is not+necessary to verify age category data or in the developer ordinary course of+business. (Sec. 1)++25.+Prohibits a+Provider or developer from blocking access to an application that an account+holder has downloaded or installed before the effective date except if there+has been a significant change to the application or a parent account revokes+verifiable consent for the minor account. (Sec. 1)++26.+Defines key+terms. (Sec. 1)++27.+Makes the+legislation effective on November 30, 2026. (Sec. 2)++28.+Contains a+severability clause. (Sec. 3)++29.++30.++31. ---------- DOCUMENT+FOOTER ---------++32. Initials TM���������������������� HB+2920++33. 2/4/2026��� Page 0 Science+& Technology++34.++35. ---------- DOCUMENT+FOOTER ---------
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