Lauren Silva , Jon Styf  |  February 2, 2024

Category: Legal News

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(Photo Credit: XanderSt/Shutterstock)

Update:

  • A federal judge in Illinois ruled TikTok must face claims it illegally harvested user information from its in-app browser, stating the multidistrict litigation does not fall under a previous $92 million biometric privacy settlement.
  • In a court order, U.S. District Judge Rebecca R. Pallmeyer says the prior settlement doesn’t pertain to the new claims because class members who had their privacy violated after the Oct. 13, 2022, settlement date were not included in the prior class.
  • Judge Pallmeyer also says TikTok can re-assert its claims that prior class members should be barred from the new lawsuit at a later stage.

TikTok privacy class action settlement overview:

  • Who: An Illinois federal judge approved a settlement between TikTok and its users who had filed class action lawsuits.
  • Why: The judge believes a proposed settlement in the TikTok class action “sufficiently resolves” the accusations of unlawful data collection.
  • Where: The class action settlement is open for claims and pending final approval in federal court.

(Dec. 3, 2021)

TikTok users are able to file claims in a $92 million class action settlement ending litigation over alleged privacy violations but face fast-approaching deadlines. 

The TikTok settlement divides a portion of the $92 million award between all Class Members who submit valid claims on time, after paying for certain administrative costs and fees. 

Class Members include those across the United States who used the TikTok app before Sept. 20, 2021. Class Members who are also Illinois residents may qualify for an increased class action rebate. 

The deadline to file a claim in the TikTok class action settlement is March 1, 2022. A hearing on the final approval in the TikTok settlement is scheduled for May 18, 2022. 

TikTok class action settlement scores preliminary approval

A federal judge signaled early approval of a $92 million settlement in litigation over TikTok privacy policies in October, putting an end to a series of class action lawsuits lodged against the social media giant. 

TikTok agreed to the $92 million class action settlement with about 89 million of its users over accusations that the social media platform had unlawfully collected users’ biometric and personal data earlier this year. 

US District Judge John Lee noted in his approval that the Class Members “would likely receive nothing” if litigation went forward in court, largely due to TikTok’s assertion that each user is subject to the platform’s class action waiver and arbitration agreements in its terms of service. 

The settlement closes out more than 20 class action lawsuits accusing TikTok of failing to inform users that its facial recognition technology collects and stores their biometric data, as well as failing to obtain users’ written permission before such collection, thus violating several state and federal privacy laws.

In March, the judge refused to approve the proposed multimillion-dollar agreement in response to objections over the plan to notify Class Members and the total settlement fund itself.

TikTok privacy policy changes, co denies data sharing 

In the preliminarily approved TikTok class action settlement, the social media company agreed to cease collecting users’ biometric, geolocation, and GPS data with the app, as well as transmitting US user data outside the US or storing US user data in databases outside the US, unless it discloses such in its privacy policy and complies with all laws. 

TikTok said it will also require new data compliance training and company procedures and hire a third party to review the compliance training for the next three years. 

TikTok also denied ever collecting users’ biometric identifiers and sharing such US data with the Chinese government

Will you file a claim in the TikTok class action settlement? You can find information and the claim form here and tell us about your experience in the comment section below.

The plaintiffs are represented by Carlson Lynch LLP, Fegan Scott LLC, Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC, Freed Kanner London & Millen LLC, Susman Godfrey LLP, Bottini & Bottini Inc., Hausfeld LLP, Burns Charest LLP, and Clifford Law Offices PC.

The TikTok privacy class action settlement is In re: TikTok Inc. Consumer Privacy Litigation, Case No. 1:20-cv-04699, in the U.S. District Court for the Northern District of Illinois.


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185 thoughts onJudge rules TikTok biometric privacy class action settlement does not resolve newer in-app browser claims

  1. Randy Jatman says:

    Yes I would love to be a part of this. I have a lawsuit I would love to put on some cheating companies I’ve been following as well and have had 2 times myself dealt with their negligence

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