On Friday, the US Justice Department sued TikTok, alleging the company violated children’s online privacy laws and broke a previous settlement agreement with another federal agency.
The lawsuit, filed jointly with the Federal Trade Commission (FTC) in a California federal court, adds to the ongoing legal battles between the US and TikTok. These legal battles will determine if and how the popular social media app can continue operating in the country.
The primary allegation in the lawsuit is that TikTok, along with its China-based parent company ByteDance, violated a federal law that requires apps and websites aimed at children to obtain parental consent before collecting personal information from children under the age of 13. TikTok did not immediately respond to requests for comment on the lawsuit.
Brian M. Boynton, head of the Justice Department’s Civil Division, said in a statement that this legal action is necessary to prevent TikTok from continuing to collect and use young children’s private information without any parental consent or control. He described TikTok and ByteDance as repeat offenders who operate on a massive scale.
The decision to file the lawsuit followed an investigation by the FTC. This investigation looked into whether TikTok was complying with a previous settlement involving its predecessor, Musical.ly. In 2019, the federal government sued Musical.ly, alleging that it violated the Children’s Online Privacy Protection Act (COPPA) by failing to notify parents about its collection and use of personal information from children under 13.
In the new complaint, the Justice Department and the FTC allege that TikTok has knowingly allowed children to create accounts and retained their personal information without notifying their parents. This practice allegedly extends to accounts created in “Kids Mode,” a version of TikTok designed for children under 13. According to a press release from the Justice Department, TikTok’s actions have resulted in millions of children under 13 using the regular TikTok app, which exposes them to interactions with adults and adult content.
The complaint also alleges that TikTok collected information about children’s activities on the app and other identifiers used to build user profiles. Furthermore, TikTok is accused of sharing this data with other companies, such as Facebook (owned by Meta) and an analytics company called AppsFlyer. These companies used the data to re-target less active users and persuade them to spend more time on the platform.
The complaint highlights that TikTok allowed children to create accounts without having to provide their age or obtain parental approval by using credentials from third-party services. These accounts were classified as “age unknown” and have reportedly grown into millions. After parents discovered some of their children’s accounts and requested their deletion, federal officials said that these requests were often not honored.
In addition to the COPPA violations, the FTC’s investigation also looked into whether TikTok had engaged in “unfair and deceptive” business practices by denying that individuals in China had access to US user data. However, these allegations were not included in the complaint.
The Justice Department and the FTC are seeking civil penalties and injunctive relief through this lawsuit. They aim to hold TikTok accountable for its actions and ensure that it complies with US laws designed to protect children’s online privacy.
The outcome of this lawsuit could have significant implications for TikTok’s operations in the United States and may lead to stricter enforcement of online privacy protections for children. As the legal proceedings unfold, the spotlight will remain on TikTok and its data practices, particularly concerning young users.
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