The US Justice Department filed a lawsuit against TikTok and its parent company, ByteDance, alleging that the app has failed to prevent children from joining without parental consent and has unlawfully collected their personal data in violation of COPPA. Despite a previous settlement in 2019 that required TikTok to comply with COPPA, the lawsuit claims that the company has continued to violate the law and the court order. TikTok has offered a “Kids Mode” for users under 13 but has still allowed children to create accounts in the regular app, collecting extensive personal information without parental notice or consent.
This lawsuit is the latest in a series of legal battles faced by TikTok, including potential violations of COPPA being investigated by the FTC earlier this year. The Justice Department’s lawsuit comes following a referral from the Federal Trade Commission. FTC Chair Lina Khan stated that TikTok has “knowingly and repeatedly violated kids’ privacy” and put the safety of millions of children at risk. TikTok has denied the allegations, stating that many pertain to past events and practices that are either inaccurate or have been addressed. The company claims to have implemented safeguards to protect children, such as age-appropriate experiences, removing suspected underage users, and launching features like default screentime limits and Family Pairing.
Despite TikTok’s efforts to protect children, the lawsuit alleges that the company has not done enough to keep users under 13 off the app. It claims that TikTok allowed children to repeatedly attempt to create accounts with different birthdates, even after knowing that the user was a child. Additionally, the suit alleges that TikTok made it difficult for parents to request the deletion of their child’s data, with a convoluted process and instances where the company did not honor deletion requests. The DOJ seeks civil penalties and a court order to prevent future violations of COPPA.
The lawsuit against TikTok highlights ongoing concerns about children’s privacy and safety on social media platforms. While TikTok has implemented some measures to protect young users, such as age-appropriate experiences and privacy safeguards, the lawsuit alleges that the company has not effectively prevented children under 13 from creating accounts and collecting their personal data. This legal action by the US Justice Department is part of a broader effort to hold tech companies accountable for violating privacy laws and failing to protect children online.
TikTok’s response to the allegations suggests that the company is committed to improving its platform and protecting children. However, the lawsuit claims that TikTok has not adequately addressed the issue of underage users on its app and has failed to honor deletion requests from parents. The outcome of this legal battle will have implications for how social media platforms handle children’s privacy in the future and could lead to changes in how companies collect and retain personal data from young users. The DOJ’s pursuit of civil penalties and a court order indicates a strong stance on enforcing COPPA and holding companies accountable for violations.
