TikTok Sued by U.S. Government Over Child Privacy Violations

Case Overview: The U.S. government has filed a lawsuit against TikTok, alleging the popular video-sharing app violated federal child privacy laws.

Consumers Affected: Children under the age of 13 who used TikTok.

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

Young Girl Pointing or Texting Tiktok on Smart Phone

Justice Department and FTC Allege COPPA Violations

TikTok is facing yet more challenges from the U.S. government, this time in the form of a lawsuit alleging it violates laws protecting children’s privacy. The Justice Department and Federal Trade Commission allege that TikTok knowingly allowed children under 13 to create accounts without parental consent. 

The suit further claims the social media giant collected extensive data from these young users and failed to comply with parents' requests to delete their children's accounts and personal information.

TikTok's handling of young users' data has drawn major scrutiny, and the lawsuit represents a step in the U.S. government's ongoing efforts to enforce privacy protections for children online. The government alleges the actions not only breach COPPA, but also go against a 2019 court order related to similar violations by TikTok’s predecessor companies.

Lawsuit Alleges TikTok Collected Data From Millions of Children

The lawsuit, filed in California, alleges that from 2019 TikTok knowingly allowed children under 13 to create accounts on its platform—be it in standard mode or the more restricted "Kids Mode"—which were used to collect personal information such as email addresses and other data without notifying parents or obtaining their consent, as required by COPPA. 

When parents requested that their children's accounts and associated data be deleted, TikTok often failed to comply, further violating the law, the lawsuit alleges.The lawsuit also accuses TikTok’s of having failing internal policies and processes, which allegedly don’t effectively identify and remove accounts created by children. 

TikTok’s predecessor, Musical.ly, was hit with a very similar lawsuit in 2019, but the lawsuit says that despite this, the company allegedly continued its non-compliant practices, leading to millions of children under 13 being exposed to extensive data collection and interaction with adult users.

TikTok's Popularity Fuels Privacy Concerns

TikTok has become a chart topper in the app world with its addictive mix of short, engaging videos powered by a highly personalized algorithm that caters to users' interests, making it easy to discover and share content. It is one of the most popular social media platforms in the world, allowing users to create, share, and view short-form videos.

Launched by ByteDance, a Chinese tech company, TikTok has grown rapidly since its global release in 2018, amassing over a billion active users worldwide. The app is particularly popular among younger audiences, including children under 13. Despite its popularity, TikTok has faced ongoing scrutiny over its data privacy practices, especially concerning the protection of young users.

US Government Pushes For American Ownership of TikTok

The U.S. government has been increasingly concerned about TikTok’s ownership by ByteDance, a company headquartered in China. These concerns revolve around national security risks, particularly the potential for user data to be accessed by the Chinese government. 

There have been multiple attempts by U.S. lawmakers and government agencies to push for a sale of TikTok’s U.S. operations to an American company, with aims of mitigating potential security threats by ensuring that U.S. user data is stored and managed in the U.S.

TikTok's Troubled History of Privacy Violations

TikTok has been no stranger to legal challenges, both in the United States and globally. Beyond the COPPA violations, TikTok has faced lawsuits related to data privacy, intellectual property rights, and content moderation practices. 

In 2019, the FTC fined TikTok $5.7 million for similar violations of COPPA, marking one of the largest penalties ever imposed for children's privacy violations. Additionally, TikTok has been involved in numerous class action lawsuits alleging that the company unlawfully harvested biometric data from users without their consent.

The company has also faced scrutiny from various countries over concerns about content censorship, the spread of misinformation, and the impact of its content on mental health, particularly among young users. These legal challenges have prompted TikTok to implement new policies and features aimed at enhancing user privacy and safety, though critics argue that more needs to be done.

The Justice Department and FTC are seeking injunctive relief, civil penalties, and other remedies to stop what it describes as TikTok's "massive-scale invasions" of children's privacy. The penalties could include substantial fines and mandatory changes to TikTok’s data collection practices. 

Case Details

  • Lawsuit: United States of America v. ByteDance Ltd. et al.
  • Case Number: 2:24-CV-06535 
  • Court: U.S. District Court for the Central District of California 

Plaintiffs' Attorneys

  • Brian M. Boynton, Arun G. Rao, Amanda N. Liskamm, Lisa K. Hsiao, Rachael L. Doud Zachary A. Dietert, Marcus P. Smith, and Benjamin A. Cornfeld (U.S. Department of Justice)

Do you have concerns about TikTok's data privacy practices, especially regarding children? Let us know in the comments below.

Latest News

Loading...

Illustration of a mobile device getting an email notification
Our Mission at Injury Claims

Injury Claims keeps you informed about lawsuits large and small that could affect your daily life. We simplify the complexities of class actions lawsuits, open class action settlements, mass torts, and individual cases to ensure you understand how these legal matters could impact your rights and interests.

Legal Updates That Matter to You

If you think a recent legal case might affect you, action is required. Select a class action lawsuit or class action settlement, share your details, and connect with a qualified attorney who will explain your legal options and assist in pursuing any compensation due. Take the first step now to secure your rights.