Idaho § 48-2105

§ 48-2105.

remedies and enforcement. (1) If a covered social media platform permits a child to open or continue an account on such platform in the absence of verifiable parental consent, then any purported contract pertaining to such account is invalid and unenforceable as contrary to public policy, including but not limited to any arbitration provision, limitation of liability, or limitation of remedies, regardless of whether such covered social media platform had actual or constructive knowledge that the account holder was a child.

(2)(a) A child or parent shall have a private right of action for declaratory or injunctive relief, damages, including harm to mental health and emotional distress, court costs and reasonable attorney’s fees, and any other appropriate relief as a result of any negligent, reckless, or knowing violation of the provisions of this chapter.

(b) Where a covered social media platform’s violation was reckless or knowing, a child or parent who prevails on a claim based on any violation of this chapter shall be entitled to recover actual damages established at trial or ten thousand dollars ($10,000) in statutory damages, whichever is greater.

(c) Where a covered social media platform’s violation was part of a consistent pattern of reckless or knowing conduct, punitive damages may be awarded.

(d) A covered social media platform shall not be liable for any violation of this chapter if it has used reasonable means and reasonable efforts, taking into consideration available technology and the data in possession of the covered social media platform, to comply with the requirements of this chapter.

(e) A civil action for damages for a violation of this chapter must be brought within three (3) years of the date the plaintiff knew, or reasonably should have known, of the alleged violation.

(3)(a) Any knowing or reckless violation of this chapter shall be considered a violation of section 48-603 , Idaho Code.

(b) If the attorney general has reasonable cause to believe that any covered social media platform has engaged in, is engaging in, or is about to engage in any knowing or reckless violation of this chapter, the attorney general may exercise all of the investigative, legal, and other authority provided pursuant to chapter 6, title 48 , Idaho Code.

[48-2105, added 2026, ch. 268, sec. 1, p. 1132.]