Parent files TikTok class action over collection, sale of children’s data

TikTok children’s data class action overview: 

• Who: A child’s guardian sued TikTok.
• Why: The plaintiff claims the social media company illegally targets children and violates their privacy.
• Where: The TikTok class action was filed in a New Jersey federal court.

TikTok illegally collects and sells the personal information of millions of children younger than age 13, a new class action lawsuit alleges.

Plaintiff Kathleen Lanser, a guardian of a child referred to as A.L., filed the class action complaint against Bytedance Inc., TikTok and their subsidiaries Nov. 27 in a New Jersey federal court, alleging violations of the Children’s Online Privacy Protection Act.

The lawsuit claims TikTok collects sensitive data from young users, including names, addresses, phone numbers and even geolocation information, without notifying or obtaining consent from parents. 

These practices violate COPPA, which requires parental notice and verifiable consent before gathering children’s data, the class action alleges.

The lawsuit also alleges TikTok fails to enforce effective age verification, allowing minors to bypass the platform’s safeguards easily. It says internal company data revealed 18 million of TikTok’s 49 million daily U.S. users are younger than age 14.

TikTok’s violation follows pattern, class action lawsuit alleges

TikTok’s compliance with COPPA has been under scrutiny since its predecessor, Musical.ly, became popular among young children, the class action says. The lawsuit cites a 2016 New York Times article highlighting how elementary school students dominated the platform’s user base. 

In 2019, TikTok paid $5.7 million to settle COPPA violations but agreed to implement stricter protections for children under a court-approved settlement.

Despite these measures, the complaint alleges TikTok remains noncompliant. The platform’s “Kids Mode,” designed for users younger than age 13, reportedly lacks adequate parental notification and consent mechanisms. 

“TikTok’s practices expose millions of children to potential harm while bypassing parental safeguards mandated by law,” the class action says.

Lanser wants to represent all U.S. residents who were younger than 13 years old when they used TikTok and from whom TikTok collected personal information without notifying their parents. She seeks certification of the class action, damages, fees, costs and a jury trial.

The lawsuit follows a similar class action filed in August by a group of parents who allege ByteDance and TikTok targeted millions of children younger than age 13 and violated their privacy.

What do you think of the allegations in this TikTok class action? Let us know in the comments.

The plaintiff is represented by Christopher A. Seeger, Jennifer R. Scullion and Christopher L. Ayers of Seeger Weiss LLP 

The TikTok class action is Kathleen Lanser v. Bytedance Inc. et al., Case No. 2:24-cv-01318-mkl, in the U.S. District Court for the District of New Jersey.

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