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HB2920 - 572R - I Ver
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)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title
44, chapter 9, Arizona Revised Statutes, is amended by adding article 27, to
read:
ARTICLE 27. SOFTWARE
APPLICATIONS
START_STATUTE
44-1383.
Definitions
In this article, unless the context otherwise
requires:
1. "Account holder" means
the individual who is associated with a mobile device.
2. "Age category":
(
a
) Means a
category that is based on an individual's age.
(
b
) Includes
the following:
(
i
) An
individual who is less than thirteen years of age.
(
ii
) An
individual who is at least thirteen years of age and not more than sixteen
years of age.
(
iii
) An
individual who is at least sixteen years of age and less than eighteen years of
age.
(
iv
) An
individual who is eighteen or more years of age.
3. "Age category data"
means information about an account holder's age category that is collected by
an app store provider and that is shared with a developer.
4. "Age rating" means one
or more classifications that assess the suitability of an app's content and
function for different age groups.
5. "Application" or
"App" means a software application or electronic service that a user
may run or direct on a mobile device, including preinstalled applications.
6. "App store" means a
publicly available website, software application or electronic service that
allows account holders to download applications from third-party
developers onto a mobile device.
7. "App store provider"
means a person that owns, operates or controls an app store that allows account
holders in this state to download apps to a mobile device.
8. "Content description"
means a description of the specific content elements or functions that informed
an app's age rating.
9. "Developer" means a
person that owns or controls an application that was either made available
through an app store or preinstalled onto a mobile device.
10. "Knowingly" means to
act with actual knowledge or to act with knowledge fairly inferred based on
objective circumstances.
11. "Minor":
(
a
) has the
same meaning prescribed in section 1-215.
(
b
) Does not
include an individual who is either:
(
i
) Married.
(
ii
) Legally
emancipated.
12. "Minor account" means
an account with an app store provider that is established by a minor and that
is affiliated with a parent account.
13. "Mobile device" means a
phone or general purpose tablet that:
(
a
) Provides
cellular or wireless connectivity.
(
b
) Runs a
mobile operating system.
(
c
) Is capable
of connecting to the internet.
(
d
) Is capable
of running applications through the mobile operating system.
14. "Mobile operating
system" means software that does all of the following:
(
a
) Manages
mobile device hardware resources.
(
b
) Provides
common services for mobile device programs.
(
c
) Controls
memory allocation.
(
d
) Provides
interfaces for apps to access device functionality.
15. "Parent" means, with
respect to a minor, an individual who is reasonably believed to be any of the
following:
(
a
) A parent.
(
b
) A legal
guardian.
(
c
) An
individual with legal custody.
(
d
) An
individual who has the legal authority to make decisions on behalf of the minor
under this state's laws.
16. "Parent account" means
an account with an app store provider that:
(
a
) Is verified
to be established by an individual who is at least eighteen years of age or is
married or legally emancipated.� The app store provider shall use its age
verification methods to make this determination.
(
b
) May be
affiliated with one or more minor accounts.
17. "Parental consent
disclosure" means the following information:
(
a
) The app's
or in-app purchase's age rating if the app store provider has an age
rating for the app or in-app purchase.
(
b
) The app's
or in-app purchase's content description if the app store provider has a
content description for the app or in-app purchase.
(
c
) A
description of all of the following:
(
i
) The
personal data collected by the application from the account holder.
(
ii
) The
personal data shared by the app with a third party.
(
iii
) The
methods implemented by the developer to protect personal data if the personal
data is collected by the app.
18. "Preinstalled
application":
(
a
) Means any
application, or portion of an application, that is present on a mobile device
at the time of purchase, initial activation or first use by the consumer,
including:
(
i
) Browsers.
(
ii
) Search
engines and messaging.
(
iii
) An
application or a portion of an application installed or partially installed by
the device manufacturer, wireless service provider or retailer or any other
party before purchase, initial activation or first use by the consumer and that
may be updated after the purchase, initial activation or first use.
(
b
) Does not
include:
(
i
) Core
operating system functions.
(
ii
) Essential
device drivers.
(
iii
) Applications
necessary for basic device operation, such as phones, settings and emergency
services applications.
19. "Significant change":
(
a
) Means a
material modification to an application's terms of service or privacy policy
that Materially:
(
i
) Changes the
categories of data collected, stored or shared.
(
ii
) Alters the
application's age rating or content description.
(
b
) Includes:
(
i
) In-app
purchases if there were no in-app purchases previously present.
(
ii
) Advertisements
if there were no advertisements previously present in the app.
20. "Verifiable parental
consent":
(
a
) Means
authorization that is provided by a parent account after the app store provider
has clearly and conspicuously provided a parental consent disclosure as part of
the application download or purchase or during the in-app purchasing
process.
(
b
) Includes
consent by a parent who provides an affirmative choice to either:
(
i
) Grant
consent.
(
ii
) Decline
consent.
END_STATUTE
START_STATUTE
44-1383.01.
App store providers; duties; requirements
A. If an individual who is located in
this state creates an account with an app store provider or for existing
accounts within twelve months before the effective date of this section, the
app store provider shall both:
1. Request the age category
information from the individual.
2. Verify the individual's age
category by using either:
(
a
) A
commercially available method that is reasonably designed to ensure accuracy.
(
b
) An age
verification method or process that complies with rules adopted by the attorney
general pursuant to section 44-1383.03.
B. If the app store provider
determines that the individual is a minor, the app store provider shall:
1. Require the minor's account to be
affiliated with a parent account.
2. Obtain verifiable parental consent
from the holder of the affiliated parent account each time before allowing the
minor to do any of the following:
(
a
) Download an
application.
(
b
) Purchase an
application.
(
c
) Make an in-app
purchase.
3. After receiving notice of a
significant change from a developer, do both of the following:
(
a
) Notify the
parent account holder of the significant change.
(
b
) For a minor
account, notify the parent account of the significant change and obtain renewed
verifiable parental consent before providing access to the significantly
changed version of the application even if parental consent was granted before
the significant change.
4. In response to a request from a
developer pursuant to section 44-1383.02, provide to the developer the
age category data for an account holder that is located in this state and the
status of verifiable parental consent for a minor who is located in this state.
5. Provide a mechanism for a parent
account holder to withdraw consent and notify the developer when a parent
withdraws verifiable parental consent.
6. Protect age category data and
associated verification data by limiting the collection and processing of the
necessary data to do all of the following:
(
a
) Verify an
account holder's age category.
(
b
) Obtain
verifiable parental consent.
(
c
) Maintain
compliance records.
(
d
) Transmit
age category data using industry standard encryption protocols to ensure data
integrity and confidentiality.
7. For preinstalled apps, do both of
the following:
(
a
) Provide
available age category information in response to a request from a developer.
(
b
) Take
reasonable measures to facilitate verifiable parental consent for use of the
application in response to a request from a developer.
C. An app store provider may not do
any of the following:
1. Enforce a contract or terms of
service against a minor unless the app store provider has obtained verifiable
parental consent.
2. Knowingly misrepresent the
information in the parental consent disclosure.
3. Share age category data and any
associated data except as required by this article or as otherwise required by
law.
END_STATUTE
START_STATUTE
44-1383.02.
Developer requirements; app store purchases; age category
verification
A. A developer shall:
1. Verify through the app store's
data sharing methods the age category data of the account holder who is located
in this state and, for a minor, whether verifiable parental consent has been
obtained.
2. Notify each app store provider
about a significant change to an application.
3. Use age category data received
through the app store's data sharing methods to both:
(
a
) Enforce any
developer-created, age-related restriction or safety-related
feature or default.
(
b
) Ensure
compliance with applicable laws and regulations.
4. Request age category data or
verifiable parental consent at the time an account holder does any of the
following:
(
a
) Downloads
an application.
(
b
) Purchases
an application.
(
c
) Launches a
preinstalled application for the first time.
(
d
) Implements
a significant change to the application.
(
e
) Complies
with applicable law.
B. A developer may request age
category data:
1. Not more than one time during a
twelve-month period to verify either of the following:
(
a
) The
accuracy of the age category data that is associated with the account holder.
(
b
) Whether
continued account use is within the proper age category.
2. When there is reasonable suspicion
of either:
(
a
) An account
transfer.
(
b
) Any misuse
outside of the age category.
3. At the time an account holder
creates a new account with the developer.
C. When implementing any developer-created,
age-related restrictions or safety-related features or defaults, a
developer shall use the lowest age category indicated by either:
1. The age category data received
through the app store's data sharing methods.
2. The age data independently
collected by the developer.
D. A developer may not do any of the
following:
1. Enforce a contract or terms of
service against a minor unless the developer has verified through the app
store's data sharing methods that verifiable parental consent has been
obtained.
2. Knowingly misrepresent any
information in the parental consent disclosure.
3. Share age category data with any
person.
END_STATUTE
START_STATUTE
44-1383.03.
Attorney general; rulemaking
The attorney
general shall adopt rules to establish processes and means by which an app
store provider may verify an account holder's age category in accordance with
this article.
END_STATUTE
START_STATUTE
44-1383.04.
Civil action; attorney general; enforcement; violation; penalties
A. A minor or the parent of a minor
who has been harmed by a violation of this article may bring a civil action
against the app store provider or the developer.
B. A court of competent jurisdiction
may award a prevailing plaintiff any or all of the following:
1. The greater of either the actual
damages amount or $1,000 for each violation.
2. Punitive damages if the violation
was egregious.
3. Reasonable attorney fees.
4. Litigation costs.
C. A violation of this article is a
consumer fraud violation pursuant to chapter 10, article 7 of this title.
D. In addition to any other remedy
available under state law, the attorney general may bring an action against an
app store provider or a developer to:
1. Recover a civil penalty of not
more than $75,000 for each violation.
2. Restrain or enjoin the app store
provider or developer from violating this article.
3. Seek injunctive relief.
4. Recover reasonable attorney fees.
5. Recover litigation costs and
reasonable costs for investigating the violation.
END_STATUTE
START_STATUTE
44-1383.05.
Developer immunity; applicability
A. A developer is immune from
liability for a violation of this article if the developer demonstrates that
the developer both:
1. Relied in good faith on both:
(
a
) The
applicable age category data that was received through the app store's data
sharing methods.
(
b
) The
notification provided by the app store provider that verifiable parental
consent was obtained if the account holder is a minor.
2. Complied with the requirements
described in section 44-1383.02.
B. In determining an application's
age rating and content description, a developer is not liable for a violation
of this article if the developer uses widely adopted industry standards to
determine the application's age category and content description and applies
those standards consistently and in good faith.
C. The immunity described in this
section both:
1. Applies only to actions brought
under this article.
2. Does not limit a developer or an
app store provider's liability under any other applicable law.
D. This article does not replace any
other available remedy or right in state or federal law.
END_STATUTE
START_STATUTE
44-1383.06.
Application
This chapter does not:
1. Prevent an app store 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 or filter spam
.
(
c
)
Prevent criminal activity
.
(
d
)
Protect an app store or app security
.
2.
Require
an app store provider to disclose user information to a developer beyond age
category data or status of parental consent.
3.
Allow
an app store provider or developer to implement measures required by this
chapter in a manner that is arbitrary, capricious, anticompetitive or unlawful.
4. Require a developer to collect,
retain, reidentify or link any information beyond what is either:
(
a
)
Necessary to verify age category data as required by this chapter.
(
b
)
Collected, retained, reidentified or linked in the developer's
ordinary course of business.
5.
Require
an app store provider or developer to block access to an application that an
account holder has downloaded or installed onto a mobile device before the
effective date of this section, except to the extent that:
(
a
)
A parent account revokes a verifiable consent for an affiliated minor
account.
(
b
)
There has been a significant change to the application
.
END_STATUTE
Sec. 2.
Effective date
This act is effective from and after
November 30, 2026.
Sec. 3.
Severability
If a provision of this act or its
application to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of the act that can be given effect
without the invalid provision or application, and to this end the provisions of
this act are severable.