NEW YORK (Legal Newsline) - TV personality Bethenny Frankel won't be litigating her class action lawsuit against TikTok in open court.
Frankel has agreed to arbitration, and New York federal judge Jesse Furman on Jan. 23 closed her case, which can be reopened within 30 days of the arbitration proceedings. TikTok had argued in a Dec. 22 motion to dismiss that its terms of service requires users to arbitrate disputes.
Frankel's case, filed last year, claimed her name and likeness has been used without her permission on the platform to sell counterfeit products. TikTok responded Dec. 22 that it can't be liable for user-generated content under Section 230 of the Communications Decency Act.
Frankel, according to her class action lawsuit, is a well-known TV personality, influencer, philanthropist and best-selling author. She alleges that "unscrupulous companies and individuals" have used her and class members' images, voices and content to sell counterfeit items through TikTok's platform.
Frankel further alleges a TikTok video she posted warning consumers of the unauthorized and illegal use of her persona to sell counterfeit goods was removed from the platform as "abusive" content.
She claims she and other class members did not give permission for their persona, voice, content and likeness to be used to market counterfeit products and that they did not receive any compensation for the use of their personas or materials.
Frankel also claims that although now removed, the videos on TikTok's platform using her name, portrait, picture, voice and content have received nearly 3,000 comments from users who viewed the videos and its contents, which has also deprived her of the ability to "control her reputation."
TikTok says her claims fail, as she tries to hold the company liable for permitting and failing to police third-party content.
"Section 230 was passed precisely to shield platforms from liability for such claims," the motion says.