TikTok Class Action Lawsuit: Platform Accused of Collecting Children's Data

Case Overview: A class action lawsuit claims TikTok violated COPPA by collecting personal information from children under 13 without parental consent.

Consumers Affected: U.S. residents under the age of 13 whose personal information was collected by TikTok without parental consent.

Court: U.S. District Court for the District of New Jersey

A new class action lawsuit has been filed against TikTok, accusing the platform of violating the Children’s Online Privacy Protection Act (COPPA) by collecting personal information from children under the age of 13 without parental consent. The case alleges that TikTok gathered sensitive details such as names, addresses, phone numbers, and geolocation data without notifying or obtaining approval from parents.

Filed in New Jersey, the complaint was brought forward by Kathleen Lanser, representing a child referred to as A.L. The lawsuit contends that TikTok’s practices place millions of children at risk by failing to enforce adequate safeguards. It further claims that TikTok prioritizes growth over compliance with federal privacy laws.

TikTok Accused of Collecting Children's Data Without Parental Consent

TikTok uses an "age gate" system that requires users to input their birthdate during account creation. The lawsuit argues this system is ineffective, as children can easily misrepresent their age to access the platform. According to the complaint, internal data revealed that 18 million of TikTok’s daily U.S. users are under the age of 14.

“TikTok’s practices expose millions of children to potential harm while bypassing parental safeguards mandated by law,” the lawsuit states. It also alleges that the platform's "Kids Mode," designed for users under 13, lacks adequate parental notification and consent mechanisms.

TikTok Faces Other Lawsuits Over Data Privacy Practices

In 2019, TikTok resolved similar allegations by agreeing to pay a $5.7 million settlement over COPPA violations. As part of that settlement, TikTok committed to implementing stricter privacy protections for younger users. However, the new lawsuit claims these measures remain insufficient, with TikTok continuing to collect and use data from minors without appropriate parental involvement.

The complaint asserts that TikTok’s practices violate federal privacy standards and that the platform has failed to honor previous commitments made in the 2019 settlement.

The current complaint joins a series of lawsuits targeting TikTok’s data practices. In October, attorneys general from 13 states and Washington, D.C., initiated legal proceedings alleging the company puts young users at risk by failing to provide sufficient protections and exposing them to harmful material.

In September, a separate case filed in California claimed TikTok continues to gather data from children under 13 without parental approval, contradicting agreements made in a prior settlement from 2019.

In the TikTok child data privacy class action lawsuit, Lanser seeks monetary relief and reimbursement for costs on behalf of affected families, as well as measures to enforce compliance with COPPA. She aims to represent all U.S. residents under the age of 13 whose personal information was collected without parental consent. Her lawsuit also demands changes to TikTok’s account creation process, calling for stronger safeguards to ensure young users’ information is protected and not misused.

Case Details

• Lawsuit: Kathleen Lanser v. Bytedance Inc. et al.
• Case Number: 2:24-cv-01318-mkl
• Court: U.S. District Court for the District of New Jersey

Plaintiffs' Attorneys

• Christopher A. Seeger, Jennifer R. Scullion and Christopher L. Ayers (Seeger Weiss LLP) 

Do you have children who use TikTok? Share your thoughts on this lawsuit in the comments below.