WHITE PLAINS, N.Y. (Legal Newsline) — TikTok is facing a class action lawsuit alleging its collection and storage of users' personal data without their knowledge violates the Federal Wiretap Act.
E.K., through her/his guardian Shloma Kaller, individually and on behalf of themselves and all others similarly situated, filed a complaint Dec. 14 in the U.S. District Court for the Southern District of New York against TikTok Inc., and Bytedance Inc., alleging violation of the Federal Wiretap Act and other claims.
The plaintiffs allege in their class action that TikTok "intercepts" and stores its users' data without their consent. Specifically, the plaintiffs claim that TikTok collects data using a JavaScript code that tracks details about users' activity who are "unknowingly brought to a website" through TikTok's in-app web browser.
They allege TikTok then records and stores the data, which includes "highly sensitive" information. The plaintiffs further allege in their suit that TikTok uses these methods on "innocent children" and that the plaintiff, who is a 14-year-old, has a "reasonable expectation of privacy" for their personal and private information.
They claim that TikTok "secretly" recording and collecting data through use of its in-app browser violates the Federal Wiretap Act and has deprived the plaintiff and users of the ability to control their own confidential data.
The plaintiffs seek monetary relief, interest, trial by jury and all other just relief. They are represented by Israel David and Blake Yagman of Israel David LLC in New York.
U.S. District Court for the Southern District of New York White Plains Division case number 22-CV-10574