How the lawsuit started
In July, Brazilian authorities gave Apple five business days to explain how it confirms the legitimacy of gambling apps. They also wanted to know how Apple prevents underage access to these apps. This followed an earlier inquiry in March by the National Secretariat for Digital Rights and the National Consumer Secretariat. These groups had already raised concerns over apps appearing to sidestep App Store protections. They had previously expressed similar issues with Apple and Google. These issues involved apps that seem to avoid strict App Store policies. These policies are meant to keep children safe.
In June, 9to5Mac discovered around 100 apps that functioned like gambling platforms but were presented as harmless games or tools, allowing them to pass Apple’s review process unnoticed. Many of these apps were labeled for users aged 18 and older but were still reachable by children, raising questions about Apple's filtering systems.
The plaintiffs and their demands
A coalition of advocacy groups filed a civil lawsuit against Apple on July 30. The groups include the National Association of Centers for the Defense of Children and Adolescents (Anced). They also include Educafro Brasil and the Santo Dias Center for Human Rights. They are asking Apple to implement a reliable system for verifying users' ages. This is before they can access any app with casino-like content on the App Store.
The lawsuit highlights an app called 'Casino Roulette: Roulettist' as a key example. The app includes popular casino games such as poker, baccarat, and slots. Users can make in-app purchases as high as R$599.90. The plaintiffs argue that the app was accessible to users without age verification. No form of age verification was required, such as document checks or facial recognition. Despite being labeled for adults, this is the case.
According to the lawsuit, there are at least five more apps that mimic real casino environments. These apps are currently available to children despite carrying an 18+ age restriction. The groups are seeking compensation in the form of R$300 million in moral damages. They also want Apple to stop any new casino-like apps from being added. These apps should only be added with proper age verification. The groups also want Apple to monitor existing apps. They want Apple to report on its enforcement every six months. If Apple doesn’t comply within 10 days, the groups want the court to impose a daily fine. The daily fine would be R$500,000, or about $98,000.
Apple’s response
Apple responded to Tilt by stating that it is currently testing an age-verification system in Brazil and plans to expand it to all users via a software update in the near future. The company also highlighted the use of Family Sharing features as part of its current strategy to help parents monitor and control content access. As of now, Apple has not publicly commented on the specific lawsuit but continues to work on refining its policies and systems to meet the requirements of various regulatory bodies worldwide.