Silver Golub & Teitell LLP filed a class action on August 9, 2024, alleging that TikTok collected and exploited the personal information of children under 13 without obtaining parental consent, in violation of the Children’s Online Privacy Protection Act (COPPA) and state laws. If you are the parent of a child who has used TikTok and was under 13 years old between 2019 and the present and would like to learn more about the lawsuit and the rights you and your child may have, contact SGT today.
On June 21, 2024, the Federal Trade Commission (FTC) recommended that the Department of Justice (DOJ) take legal action against TikTok for alleged violations of COPPA in violation of TikTok's 2019 settlement with the FTC. The FTC's recommendation follows a comprehensive investigation into the data collection practices of TikTok, which reportedly continues to illegally gather personal information from children under 13 without obtaining parental consent.
In 2019, TikTok reached a $5.7 million settlement with the FTC over similar allegations. As part of the agreement, TikTok was required to implement strict measures to safeguard children’s data and ensure compliance with COPPA. However, recent findings suggest that TikTok may have failed to uphold these commitments, prompting the FTC to seek further legal recourse. This move highlights the persistent challenges in regulating digital platforms and ensuring they adhere to privacy laws designed to protect children.
Following the FTC’s recommendation, on August 2, 2024, the Department of Justice filed an action on behalf of the United States against TikTok alleging that TikTok is collecting extensive data from its users, including millions of American children younger than 13, knowingly allowing children under 13 to create and use TikTok accounts without their parents’ knowledge or consent, and failing to comply with parents’ requests to delete their children’s accounts and personal information, all in violation of COPPA and defying the order that a federal district court entered in 2019 requiring TikTok’s compliance with COPPA.
The FTC’s June 21 recommendation to sue TikTok also coincides with actions taken by several state attorneys general, who have raised concerns about TikTok’s data practices and its impact on user privacy. These combined efforts from federal and state regulators reflect a growing consensus on the need for stricter oversight and accountability in the digital landscape. The actions by federal and state regulators could set a significant precedent for the enforcement of privacy laws in the era of social media and digital communication.
If you are the parent of a child under 13 years old who has used TikTok between 2019 and the present and would like to learn more about the lawsuit and the rights you and your child may have, please contact SGT today by filling out your information in the contact form on this page. An SGT attorney will review your information and, if certain criteria are met, reach out for more information.
