Talkspace Class Action: Did Therapy App Share Your Data with TikTok?

Case Overview: A class action lawsuit has been filed against Talkspace, alleging the company shared user data with TikTok without consent.

Consumers Affected: Talkspace users.

Court: U.S. District Court Central District of California

Popular online therapy platform Talkspace is facing a class action lawsuit for allegedly sharing users' personal data with TikTok without consent. 

The lawsuit claims that Talkspace installed TikTok’s tracking software on its website, which sends user information to TikTok as soon as someone visits the site or clicks on a page. This includes sensitive information, such as medical data related to minors, which has raised concerns due to TikTok’s controversial data collection practices. 

Courtney Mitchener, who filed the proposed class action lawsuit, argues that Talkspace violated users' privacy by not seeking explicit consent to share this information, accusing the company of allowing TikTok to intercept and monitor users' interactions.

What is Talkspace?

Talkspace is a digital platform that offers mental health services, including therapy and medication management, to users via mobile and web-based apps. Founded in 2012, the company connects users with licensed therapists who provide mental health support through messaging, video calls, and live sessions. 

Recently, New York City signed a $26 million contract with Talkspace to provide teenagers with digital mental health services, including messaging and video therapy after parental consent is obtained.

Talkspace Accused Of Sharing Sensitive User Data With TikTok Without Consent

The core issue in the lawsuit revolves around TikTok’s tracking technology, which was embedded in the Talkspace website. Known as the "TikTok Software," this system uses a technique called "fingerprinting" to collect detailed information about website visitors, the lawsuit alleges. 

Fingerprinting gathers data such as device and browser details, geographic location, and referral sources. The moment a user lands on the Talkspace site, this data is sent to TikTok, even before they agree to the site's "cookie banner."

According to the lawsuit, the software collects personal information like name, date of birth, and address, which is then matched to TikTok’s existing database. This allows TikTok to de-anonymize users and pinpoint their identity with high accuracy. Essentially, this process enables TikTok to track users across the web by combining data from various sources to create a complete digital profile of the user, the lawsuit claims.

California's Trap And Trace Law Protects Consumers From Unlawful Surveillance

California law bans "trap and trace devices," which it defines as devices that create a process that captures electronic signals or information that can identify the source of a communication. According to the lawsuit, the TikTok Software used by Talkspace qualifies as such a device because it captures identifying information like phone numbers, device details, and routing data.

Under this law, Talkspace is required to obtain explicit consent from its users before sharing this type of information with third parties. The lawsuit claims that Talkspace failed to do so, violating California’s privacy laws. The law is designed to protect users from being tracked or monitored without their knowledge, and Talkspace’s alleged use of TikTok’s software could be seen as a clear violation, Mitchener argues.

Data Privacy Concerns Lead To Legal Action Against Companies

Talkspace is not the only company facing legal scrutiny over data sharing and privacy violations. MasterClass, an online learning platform, has also been sued for allegedly sharing user viewing data with Facebook without consent, which violates the Video Privacy Protection Act (VPPA). 

Additionally, Office Depot and Henry Ford Health are facing lawsuits for using pixel trackers to share customers' and patients' information with companies like Facebook and Google without proper consent. Together, the cases highlight the growing legal challenges companies face as privacy concerns around tracking and data sharing continue to rise.

In her proposed class action lawsuit against Talkspace, Mitchener wants to represent consumers from California in the allegations of violations of the state’s Trap and Trace Law. She is seeking damages, enjoinment, interest, fees, and costs.

Case Details

• Lawsuit: Mitchener v. Talkspace Network LLC, et al.
• Case No.: 2:24-Cv-07067   
• Court: U.S. District Court Central District of California 

Plaintiffs' Attorneys

• Robert Tauler (Tauler Smith LLP)

Have you used Talkspace or other online therapy platforms? Are you concerned about your data being shared without your consent? Share your thoughts and experiences in the comments below.