TikTok class action claims company collects ‘massive amounts’ of user data

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TikTok data class action overview: 

• Who: A TikTok user sued the company.
• Why: The plaintiff says the company secretly tracks users’ web activity using an in-app browser.
• Where: The TikTok class action lawsuit filed in a California federal court.

TikTok secretly amassed “massive amounts” of highly invasive information and data about its millions of users by tracking their activities on third-party websites, a new class action lawsuit alleges.

Plaintiff Austin Recht filed the class action lawsuit against TikTok Inc. and parent company ByteDance Inc. Nov. 25 in a California federal court, alleging violations of state and federal privacy and wiretap laws.

According to the lawsuit, TikTok offers users an in-app website browser. That browser is in fact a “sophisticated data collection mechanism,” the TikTok class action alleges.

Recht alleges the in-app browser inserts JavaScript code into websites TikTok users visit. 

“The clear purpose of the JavaScript code inserted into these websites is to track every detail about TikTok users’ website activity,” the lawsuit claims. “Defendants have unlawfully intercepted private and personally identifiable data and content from TikTok users so that Defendants may generate revenue from use of this data.”

TikTok class action says company violates user privacy, federal wiretap laws

Through its “clandestine” tracking activities, TikTok violates wiretap laws, unlawfully intruded upon users’ privacy, violated their rights of privacy and unjustly profited from the activities, the TikTok class action alleges.

Recht says he downloaded the TikTok app and created his TikTok account in 2019. While using the TikTok app, he says he clicked on links to external, third-party websites. He also purchased merchandise from a website provided in an advertisement. The link took him to a third-party website via the in-app browser where he completed his purchase and entered his private data, including his credit card information, he says. 

“Defendants surreptitiously collected data associated with Plaintiff’s use of third-party websites without his knowledge or consent, including his contact and credit card information provided during Plaintiff’s purchase of merchandise,” the TikTok class action alleges.

Recht looks to represent a nationwide class of people who used the TikTok app to visit external websites. He also seeks to represent a California subclass. 

Recht seeks certification of the class action, damages of upwards of $15,000 per class member, fees, costs and a jury trial.

In related TikTok news, in August, new research revealed that Facebook, Meta, TikTok and Instagram are able to track web interactions such as password and credit card inputs, screenshots, searches and clicks when a user is in an in-app browser.

Have you clicked through to an external website when using TikTok? Let us know your thoughts on this lawsuit in the comments! 

Recht is represented by Roland Tellis, Sterling Cluff, David Fernandes and Shannon Royster of Baron & Budd PC and Don Bivens of Don Bivens PLLC.

The TikTok data class action lawsuit is Austin Recht v. TikTok Inc. et al., Case No. 2:22-cv-08613, in the U.S. District Court for the Central District of California.

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