TikTok Faces Class Action Lawsuit Over Alleged Child Privacy Violations

Case Overview: A class action lawsuit has been filed against TikTok, alleging the company violated the Children's Online Privacy Protection Act (COPPA) by collecting data from children under 13 without parental consent.

Consumers Affected: Children under 13 who used TikTok.

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

A class action lawsuit has been filed against TikTok, accusing the popular social media platform of knowingly allowing millions of children under 13 to create accounts without parental consent and then harvesting and exploiting their personal data.

The lawsuit alleges that TikTok has unlawfully collected "intimate, deeply intrusive" information about underage users without their parents' knowledge or consent. This sensitive data allows TikTok to provide curated content that will keep children engaged on the app and allow the defendants to continually exploit the personal data for advertising purposes.

TikTok Accused Of Harvesting Children's Data Without Parental Consent

According to the complaint, TikTok's user base is disproportionately made up of children. Despite publicly representing that minors are not permitted to access the adult version of the app, TikTok has consistently allowed children under 13 to create and use accounts without their parents' knowledge or consent.

The platform collects extensive data from these underage users, including details of any content they create, their device information, their location, what accounts they follow, their comments, and what videos they view, share or "like," the plaintiffs contend.

TikTok has also allegedly failed to comply with parents' requests to delete their children's accounts and all associated private data. The lawsuit claims that the platform's "byzantine process" for requesting account deletion and "self-serving policies" make it difficult for parents to terminate their children's accounts.

Violation of COPPA Alleged in Class Action Lawsuit

The lawsuit argues that TikTok's conduct is a violation of the Children's Online Privacy Protection Act (COPPA), a federal law that protects children under the age of 13 from having their personal information collected by websites or online services directed at kids without parental consent.

The lawsuit charges that TikTok "engaged in this unlawful behavior for one reason—profit."

In March 2019, TikTok was ordered by the United States to cease its allegedly illegal collection and use of children's private data and was forced to pay a $5.7 million civil penalty. However, the lawsuit alleges that TikTok has continued to violate COPPA and has failed to abide by the terms of the 2019 court order.

U.S. Government Takes Action Against TikTok Over Child Privacy Concerns

In August, the U.S. government filed a lawsuit against TikTok, alleging the popular video-sharing app violated federal child privacy laws. The Justice Department and Federal Trade Commission allege that TikTok knowingly allowed children under 13 to create accounts without parental consent.

The government's lawsuit further claims that TikTok collected extensive data from these young users and failed to comply with parents' requests to delete their children's accounts and personal information.

In the TikTok underage user privacy class action lawsuit, the plaintiffs are seeking to represent any California, Connecticut or Florida residents who were 13 or younger when they used TikTok, and from whom the defendants collected, caused to be collected, used or disclosed personal information without first obtaining verified parental consent at any time since March 1, 2019.

Case Details

• Lawsuit: A.A. et al. v. Bytedance, Inc. et al.
• Case Number: 2:24-cv-06784
• Court: U.S. District Court for the Central District of California

Plaintiffs' Attorneys

• Patrick Carey and Mark Todzo (Lexington Law Group, LLP)
• David S. Golub, Steven Bloch, Ian W. Sloss, Jennifer Sclar, and John Seredynski (Silver Golub & Teitell LLP)

Have you or someone you know been affected by TikTok's data collection practices, especially regarding children under 13? Share your thoughts and experiences in the comments below.