The Justice Department filed a lawsuit against TikTok on Friday, accusing the popular social media platform of violating children's online privacy laws and breaching a previous settlement agreement. The complaint, lodged jointly with the Federal Trade Commission in a California federal court, marks the latest legal battle between the U.S. government and TikTok.
The lawsuit centers on allegations that TikTok, known for its appeal to young users, and its parent company ByteDance, based in China, violated a federal law mandating parental consent for collecting personal information from children under 13. The Justice Department's Civil Division head, Brian M. Boynton, emphasized the necessity of the action to prevent the defendants from unlawfully gathering and utilizing young children's private data without parental consent or oversight.
The legal action follows an FTC investigation into whether TikTok complied with a previous settlement related to its predecessor, Musical.ly. In 2019, the government sued Musical.ly for breaching the Children's Online Privacy Protection Act (COPPA) by failing to inform parents about data collection from children under 13. After being acquired by ByteDance and merged with TikTok, Musical.ly agreed to a $5.7 million settlement and a court order to adhere to COPPA regulations, which the government alleges has not been upheld.
The complaint alleges that TikTok knowingly allowed children to create accounts and retain their personal information without parental notification, including in 'Kids Mode,' a version designed for children under 13. The Justice Department and FTC claim that TikTok collected user data, shared it with external companies like Meta's Facebook and AppsFlyer, and engaged in practices to encourage increased platform usage among young users.
TikTok is accused of permitting children to create accounts without age verification or parental consent by using third-party credentials, resulting in the proliferation of 'age unknown' accounts. Despite parents' requests to delete their children's accounts, federal officials assert that TikTok did not comply, leading to millions of children under 13 accessing the regular TikTok app and potentially interacting with adult content.
The lawsuit seeks civil penalties and injunctive relief against TikTok for the alleged violations of children's online privacy laws, with no mention of previous allegations regarding access to U.S. user data by individuals in China. The legal battle between TikTok and U.S. authorities continues as the outcome will determine the platform's future operations in the country.
