PolicyBrief
H.R. 3149
119th CongressMay 1st 2025
App Store Accountability Act
IN COMMITTEE

The App Store Accountability Act establishes federal standards for app stores and developers regarding age verification, parental consent for minors' data use, and clear age-based disclosures.

John James
R

John James

Representative

MI-10

LEGISLATION

Big App Stores Must Verify User Ages and Get Parental OK for Minors' Downloads Under New Accountability Act

The new App Store Accountability Act is a major policy push targeting the digital giants. It mandates that any app store with over five million users in the U.S. must adopt a reasonably accurate, commercially available method to verify user age when an account is created. If the user is a minor (under 18), the app store has to link that account to a parent’s account and get verifiable parental consent before the minor can download an app or make any in-app purchases. This consent requirement is also triggered if an app developer makes a "significant change" to the app, such as altering its content or adding new monetization features. Essentially, the Wild West days of kids downloading apps and spending money without a parent’s explicit sign-off are meant to be over.

The Digital Gatekeeper: What the App Stores Must Do

This bill places the primary burden of age verification and consent directly on the covered app store providers. Think of Apple and Google—they become the digital gatekeepers. They must share a limited "signal" with developers: the user’s age category (Young Child, Child, Teenager, or Adult) and whether verifiable parental consent has been secured for minors. This is a big operational lift, requiring them to implement new, secure systems to verify age and manage parental accounts. While the bill allows them to filter illegal content or spam, it also explicitly forbids them from using these new rules in ways that are anti-competitive or that restrict political viewpoints, which is a key check on their power.

The Developer’s New Rules of Engagement

App developers, in turn, are required to use this age signal provided by the app store. This is crucial: once a developer receives the signal, the law treats it as them having "actual knowledge" of the user’s age category. This means they can’t plead ignorance if they violate rules regarding minors. Developers are restricted in how they use this age data—it can only be used for enforcing age restrictions, complying with laws, or setting age-appropriate default features. Crucially, they cannot enforce contracts or terms of service against a minor unless the app store confirms they have verifiable parental consent. This provides a safe harbor for developers (Section 8), protecting them from liability if they follow the rules in Section 4 and reasonably rely on the app store’s signal, but only if they also adhere to industry standards for content ratings.

Enforcement and the Federal vs. State Tug-of-War

Enforcement falls to the Federal Trade Commission (FTC), which will treat any violation of this Act exactly like an unfair or deceptive business practice. This gives the FTC its full toolkit to investigate and penalize non-compliance. States also get a seat at the table; state Attorneys General can sue violators on behalf of their residents for damages or injunctive relief (Section 7). However, there's a significant catch in Section 9: Federal Preemption. This clause wipes out any state or local law that conflicts with or controls the rules in this Act. While the bill is aimed at protecting minors, this preemption could override existing state laws that might offer even stronger consumer or privacy protections in this space, limiting the ability of states to innovate or respond to local issues. The only areas untouched are traditional state contract and tort (personal injury) laws. This means while the federal floor is being raised, the state ceiling might be lowered.