Brigette Honaker  |  November 18, 2019

Category: Legal News

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girl holding smartphone with tiktok app openA recent TikTok class action claims that the social media video app wrongfully collects the information of Canadian children without consent.

TikTok, formerly named Musical.ly, is a social media app in which users can create videos.

Although the app can serve as a source of entertainment and connection, the recent Canadian TikTok class action claims that the private information of children is wrongfully collected by the application.

A significant number of TikTok users are reportedly children under the age of 13. As of July 2017, children under 13 years of age are reportedly unable to register for the app, however, young individuals were reportedly able to use the app before this.

Kids provided their email addresses, phone numbers, usernames, first and last name, biographies, geolocation data, and profile information to the app in order to use the service, according to the TikTok class action. This information is allegedly used without parental consent.

The Canada TikTok class action claims that thousands of parents have contacted Musical.ly Inc. in an attempt to close their child’s account. In the two week period between Sept. 15, 2016 and Sept. 20, 2016, the company allegedly received more than 300 of these complaints. While the company reportedly closed out these accounts, the information of young users was allegedly retained by the company.

Plaintiff A.C., a child under the age of 13, and her guardian claim that the app collected her private information without the consent of her parents. A.C. also states that Musical.ly knew that they were collecting the information of minors without parental consent but did not take any steps to rectify this.

“Musical.ly’s decision to collect the private information from underaged users was planned and deliberate, and was made knowing that underaged users had not consented to or were capable of consent, and were not aware of the implications of the collection, and that their guardians were likewise not aware and had not consented to the collection of the private information,” the TikTok class action lawsuit claims.

According to the TikTok class action, Musical.ly’s actions violate a variety of Canadian laws including the Personal Information Protection and Electronic Documents Act, the Age of Majority Act, and the Infants Act.

Under the relevant Canadian laws, businesses are reportedly required to get parental consent before collecting personal information from children. If this law is broken, children are able to seek compensation for loss of privacy.

The plaintiff seeks to represent a Class of Canadian users who registered for a TikTok account since 2014 despite being under the age of majority.

The TikTok class action lawsuit seeks declaratory relief, injunctive relief, statutory damages, disgorgement, punitive damages, court costs, and attorneys’ fees.

Did your child have their information gathered due to their use of the TikTok app? Share your thoughts in the comment section below!

A.C. and the proposed Class are represented by Joel D. Zanatta of Hammerberg Lawyers LLP.

The TikTok Kid Privacy Class Action Lawsuit is A.C., et al. v. Musical.ly Inc., et al., Case No. VLC-S-S-193384, in the Supreme Court of British Columbia, Canada.

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9 thoughts onCanada TikTok Class Action Says Kids Info Illegally Collected

  1. amanda says:

    hey was wondering where do I file for a claim because they took my information and videos and posted it on tik tok without my approval nor consent

  2. Joe Blow says:

    Will I receive compensation from this settlement?
    No. The settlement agreement provides for cy près donations to be made to The Law Foundation
    of British Columbia, Canadian Centre for Child Protection, Kids Help Phone, and Boys & Girls
    Clubs Canada.

    from the form

  3. Dwayne says:

    How do we get the money lol I’m.from.alberta too

  4. Aaron Van Dam says:

    So is it only for the children or all tik tok users

  5. Shay Monique says:

    Are they sure this was Canadian children only? My daughter has multiple accounts so this is concerning.

    1. Patrick says:

      Lawsuits only apply in the jurisdiction specified. They’re likely doing it everywhere but specifically breaking Canadian law

    2. mitchell says:

      usa also probably around the globe i’m from alberta and just got the notification GET UR MONEY!!!!

      1. C says:

        How do we get the money though??? Google is not helping

        1. bryan says:

          Will I receive compensation from this settlement?
          No. The settlement agreement provides for cy près donations to be made to The Law Foundation
          of British Columbia, Canadian Centre for Child Protection, Kids Help Phone, and Boys & Girls
          Clubs Canada.

          From the legal Papers

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