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. OLIVIA I MAY says:

    Please add me also my daughter used musically and posted videos that ended up on utube. I have trouble trying to get them deleted as shes a minor…and now she plays tik tok and gets numerous messages from people I think is older than they claim..She’s under 12 and I don’t care for either of these pages

  2. jessica m bear says:

    please add me to this my 6 kids all under 10 use this app

  3. Carissa Clarke says:

    Please add me. My 14 year old has had it since it came out

  4. Jessica Simmons says:

    Please add me my daughter uses this daily. And has for a long time now. She is only 12 years old.

  5. Tina Ranney says:

    Add me, my daughter has tik Tok, she’s 13 and had it for a few years now.

  6. Kathleen s Kelly says:

    Please add me, my child has had an account for 5yrs.

  7. Erica Cross says:

    My daughter has been using it ever since it was music.ly. She’s 14 now. I had no idea they were not keeping her info private knowing she was a minor. Please add me to this.

  8. Marisol Rivera says:

    My daughter uses this often and has been contacted by a creep before. She blocked them but the fact that they were able to message her is disturbing. Add us to this lawsuit please.

  9. Andrea Walton says:

    Add me agree safety and children should be a priority period. It’s a children’s app so there should be certain privacy things in place..

  10. Victoria Wise says:

    My daughter just turned 13 and loves tik tok I thought she was save but I’m wondering how save our kids really are? Add me if companies want our kids using their app I believe the companies should do everything they can to protect kids privacy thousands of companies do protect our privacy everyday so it makes me think that’s it’s a profit thing or they just down right don’t care.

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