Christina Spicer  |  December 10, 2019

Category: Legal News

Parents claim that TikTok collects child data without parental consentA group of parents have asked a federal judge to approve a $1.1 million settlement agreement that would end a TikTok minor privacy class action lawsuit.

The plaintiffs accused the social media company of illegally collecting children’s data without their parents’ permission.

According to the complaint, children under the age of 13 were asked to provide personally identifying information to sign up for a TikTok account, including their names, email addresses, and phone numbers, along with a short biography that often included their ages.

In addition to collecting such information without parental consent, the TikTok class action lawsuit claims that the information was made available to the public.

The plaintiffs accused TikTok, which was previously known as Musical.ly, of potentially exposing vulnerable children. Adults posing as children could contact minors through the social media app, alleged the complaint.

The TikTok class action lawsuit alleged the company violated the Children’s Online Privacy Protection Act (COPPA) since 2014.

On Dec. 5, 2019, the plaintiffs filed an unopposed motion for preliminary approval of the $1.1 million TikTok class action settlement.

Under the terms of the proposed settlement, Class Members will receive between $10 and $15 from a settlement fund provided by TikTok and its parent company, China-based ByteDance Technology Co. Ltd.

“Between June 3, 2019 and October 22, 2019, Plaintiffs’ counsel and Defendants’ counsel engaged in substantial informal discovery and information sharing,” notes the motion. “This substantial informal discovery process allowed the Parties to thoroughly investigate their claims and defenses and evaluate the strengths and weaknesses of their respective cases.”

According to the TikTok class action settlement agreement, Class Members would include children under the age of 13 nationwide who used Musical.ly or TikTok to register for the app. Class Members must have been under the age of 13 before the effective date of the settlement agreement.

Notification will be provided to Class Members through social media advertisements within 30 days after the settlement agreement is preliminarily approved.

The lead plaintiffs in the TikTok class action lawsuit will receive incentive awards of $2,500.

“Plaintiffs believe that this settlement—which partly arises out of COPPA violations and involves the unlawful collection of children’s personally identifiable information and/or viewing data without parental consent—represents the first settlement of its kind,” notes the plaintiffs’ motion.

“Plaintiffs therefore believe it is a groundbreaking class action settlement in that respect. Accordingly, under the circumstances, the Parties believe the monetary terms of this proposed settlement fall favorably within the range of related privacy class action settlements.”

Does your child use TikTok and are you worried about their privacy? Tell us your story in the comments below!

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

Plaintiffs and the proposed Class are represented by Gary M. Kinger of Kozonis & Klinger Ltd. and Gary E. Mason of Whitfield Bryson & Mason LLP.

The TikTok Class Action Lawsuit is T.K., through her mother Sherri LeShore, et al. v. ByteDance Technology Co. Ltd., et al., Case No. 1:19-cv-07915, in the U.S. District Court for the Northern District of Illinois.

UPDATE: On Jan. 20, 2020, the TikTok minor privacy class action settlement is now open. Click here to file a claim.

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166 thoughts on$1M TikTok Minor Privacy Class Action Settlement Proposed

  1. Jennifer Vaughn says:

    My daughter is now 11 and has been using TikTok from the beginning since it was Musical.ly and now her personal information is in the hands of someone I dont know or what they will do with it.

  2. Jennifer says:

    Please add me, my children are 9,11 and 12!! The claim shows its only $10-$15 what is that compared to our kid’s privacy that we want never get back!! Now that tik tok has the information I wonder who all have they passed the information on to!!

    1. Stephanie says:

      The best thing to do if you’re not happy with the payout is contact top class actions and ask how to be in court to fight against the amount. ??‍♀️

  3. Barbara Daum says:

    Yes my daughter was affected she’s 10

  4. Jennifer Schmiege says:

    My children were using tiktok , but now I think differently about letting them. Please add me. Unsettling

  5. Carla Drust says:

    My daughter was affected. How do you get on the list?

  6. Dalynn Downham says:

    I have 6 children and each was able to access with out parental consent

  7. IDIL PETRICK says:

    My son is 8 and has been on Tic Toc for a year now. I didnt even know until I saw him use it. No parental concent needed for him to do anything a grown up can. Please add me.

  8. IDIL PETRICK says:

    My son is 8 and has been on Tic Toc for a year now. This is scary.

  9. CHARLES MAYFIELD says:

    please add me. grand kids affected

  10. Amy Loeffelholz says:

    My girls are 6 and 10 swhy cant i see who is following them? Please add me.

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