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28 Am. U. J. Gender Soc. Pol'y & L. 575 (2019-2020)
The Kids Are Alright? The Need for Kidfluencer Protections

handle is hein.journals/ajgsp28 and id is 487 raw text is: THE KIDS ARE ALRIGHT? THE NEED FOR KIDFLUENCER PROTECTIONS ANA SARAGOZA* I.Introduction .....................................576 II.Background ..........................................578 A. The Squandering of Child Actor Earnings .... .....579 1. History ........................ .......579 B. Brief Introduction to California's Coogan Law .............581 1. Blocked Trust Accounts........... ...............581 2. Attempt to evolve California's Coogan Law..............583 C. Minors' Right of Publicity and COPPA ...............584 1. Minors' Right of Publicity ........... .........584 2. FTC's Presence in Social Media Regulation..............585 III. Analysis ......................................586 A. Current Coogan Laws fail to provide kidfluencers with adequate protection, leaving them at the mercy of their parents voluntarily putting money into blocked trust accounts. ....................................... 586 B. The Work Kidfluencers Perform Resembles the Work Child Performers Engage in and Falls Under the Scope of Protection that California's Coogan Law and Child Labor Laws were Intended to Encompass. ........ .........589 C. The FTC's current failure to prosecute deceptive practices in influencer marketing will leave kidfluencers increasingly vulnerable to financial manipulation and COPPA infractions. .........................594 IV.Policy Recommendation.. ...........................598 A. Amend Current Coogan Laws to expand their scope of protection to include kidfluencers and require the creation of blocked trust accounts. .....................599 * Ana Saragoza is a Juris Doctor candidate at American University Washington College of Law. She received her B.A. in Foreign Affairs and Spanish from the University of Virginia in 2014. Ana would like to thank her fiance, Chris, for providing a voice of reason throughout law school. She would also like to thank Professor J. Jonas Anderson, Professor Fernando Laguarda, and all staffers for their guidance and support. 575