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Jimmy Williams
The U.S. Department of Justice (DOJ), together with the Federal Trade Commission (FTC), has filed a civil lawsuit against TikTok Inc., ByteDance Ltd., and their affiliates for violating the Children’s Online Privacy Protection Act (COPPA).
The lawsuit, filed in the U.S. District Court for the Central District of California, alleges that TikTok unlawfully collected and retained personal information from children under 13 without parental consent.
According to COPPA, website operators must obtain parental consent before collecting, using, or disclosing personal information from children under 13. They must also delete this information upon parental request. In 2019, the government sued TikTok’s predecessor, Musical.ly, for similar violations, resulting in a court order mandating compliance with COPPA.
The new complaint alleges that, from 2019 to the present, TikTok allowed children to create regular accounts and interact with adults, collecting extensive personal information without notifying or obtaining consent from their parents. Even in “Kids Mode,” a version of TikTok designed for children under 13, the platform allegedly collected and retained email addresses and other personal details unlawfully.
“Despite being under a court order, TikTok continued to collect and retain children’s personal information,” stated Acting Associate Attorney General Benjamin C. Mizer. “This lawsuit seeks to ensure that TikTok upholds its obligation to protect children’s privacy rights and respects parents’ efforts to safeguard their children.”
Parents who discovered their children’s accounts and requested deletion often found that TikTok failed to comply, according to the complaint. Furthermore, the company reportedly had inadequate internal policies and processes for identifying and deleting accounts created by children.
“The Justice Department is committed to upholding parents’ ability to protect their children’s privacy,” said Principal Deputy Assistant Attorney General Brian M. Boynton. “This action is necessary to prevent repeat offenders from collecting and using young children’s private information without any parental consent or control.”
FTC Chair Lina M. Khan emphasized the broader implications of the case, stating, “TikTok knowingly and repeatedly violated kids’ privacy, threatening the safety of millions of children across the country. The FTC will continue to use the full scope of its authorities to protect children online, especially as firms deploy increasingly sophisticated digital tools to surveil kids and profit from their data.”
The lawsuit seeks civil penalties and injunctive relief to prevent TikTok from continuing these practices. The United States is represented in this action by Assistant Directors Rachael L. Doud and Zachary A. Dietert, and Trial Attorneys Ben Cornfeld and Marcus P. Smith, of the Civil Division’s Consumer Protection Branch. Jonathan W. Ware, Iris Micklavzina, Sarah Choi, and Michael Sherling represent the FTC.
As one of the most popular social media platforms globally, TikTok’s alleged COPPA violations have significant implications. Millions of children under 13 reportedly used the regular TikTok app, exposing them to extensive data collection and interaction with adult users.
