The United States Department of Justice (DoJ) and the Federal Trade Commission (FTC) filed a civil lawsuit against TikTok and its parent company ByteDance on Friday. The suit alleges that TikTok has endangered the safety of millions of children by unlawfully collecting their personal information without parental consent, violating the Children’s Online Privacy Protection Act (COPPA).
Allegations of COPPA Violations
The lawsuit, filed in the U.S. District Court for the Central District of California, claims that TikTok knowingly allowed children under 13 to create accounts and interact with adult content on the app. Despite COPPA regulations requiring parental consent before collecting data from children, TikTok allegedly collected and stored personal information from young users, even those in “Kids Mode.” The FTC stated that TikTok’s actions represent “unlawful massive-scale invasions of children’s privacy,” and cited the company’s failure to delete children’s accounts upon parental request as further evidence of non-compliance.
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FTC Chair Lina Khan emphasized the severity of the issue, stating, “TikTok knowingly and repeatedly violated kids’ privacy, threatening the safety of millions of children across the country.”
TikTok’s Defense
TikTok has strongly denied the allegations. Alexander Haurek, a spokesperson for the company, asserted that TikTok has implemented various safeguards to ensure age-appropriate experiences and to protect children’s privacy. He noted that many of the allegations relate to past practices that have been addressed or are factually inaccurate. Haurek emphasized TikTok’s commitment to protecting children and highlighted measures such as default screen time limits and Family Pairing features.
“We disagree with these allegations, many of which relate to past events and practices that are factually inaccurate or have been addressed,” Haurek stated.
Historical Context and Previous Settlements
This lawsuit is not the first time ByteDance has faced scrutiny over children’s privacy. In 2019, the FTC sued Musical.ly, TikTok’s predecessor, for similar COPPA violations. Musical.ly agreed to a $5.7 million settlement and pledged to comply with COPPA regulations. However, the FTC’s investigation revealed that the company continued to violate child privacy laws, leading to the current lawsuit against TikTok.
The FTC and DoJ are seeking civil penalties and an injunction to prevent TikTok from further violations. These penalties could amount to $51,744 per violation per day, potentially costing TikTok billions of dollars.
Broader Implications and National Security Concerns
The lawsuit comes amid increasing concerns over TikTok’s data collection practices and its potential ties to the Chinese government. With 170 million U.S. users, TikTok is a significant player in the social media landscape, and policymakers fear the app could be used for surveillance or content manipulation. In April, President Joe Biden signed a bill requiring ByteDance to divest TikTok’s U.S. assets by January 19, 2025, or face a nationwide ban. ByteDance has indicated that it will fight the bill in court, deeming it unconstitutional.
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The lawsuit also follows the recent Senate passage of COPPA 2.0 and the Kids Online Safety Act, which aim to extend privacy protections to teenagers and enhance online safety. These legislative efforts highlight the growing bipartisan focus on safeguarding children’s privacy online.