The Justice Department, in collaboration with the Federal Trade Commission (FTC), has filed a civil lawsuit against TikTok Inc., ByteDance Ltd., and their affiliates for violations of the Children’s Online Privacy Protection Act (COPPA). The suit, lodged in the U.S. District Court for the Central District of California, alleges that TikTok has been non-compliant with COPPA regulations since 2019.
COPPA mandates that website operators must not collect, use, or disclose personal information from children under 13 without parental consent. Additionally, it requires operators to delete such information upon parental request. Despite a previous court order from a 2019 lawsuit against TikTok's predecessor Musical.ly, TikTok is accused of continuing these violations.
The complaint asserts that TikTok allowed children to create accounts and share content without obtaining parental consent. It also claims that even accounts created in "Kids Mode" were subjected to unauthorized data collection. Moreover, when parents requested account deletions, these requests were frequently ignored.
Acting Associate Attorney General Benjamin C. Mizer stated, “The Department is deeply concerned that TikTok has continued to collect and retain children’s personal information despite a court order barring such conduct.” Principal Deputy Assistant Attorney General Brian M. Boynton added, “This action is necessary to prevent the defendants...from collecting and using young children’s private information without any parental consent or control.”
FTC Chair Lina M. Khan emphasized the seriousness of the issue: “TikTok knowingly and repeatedly violated kids’ privacy, threatening the safety of millions of children across the country.”
Representing the United States in this case are Assistant Directors Rachael L. Doud and Zachary A. Dietert along with Trial Attorneys Ben Cornfeld and Marcus P. Smith from the Civil Division’s Consumer Protection Branch. Jonathan W. Ware, Iris Micklavzina, Sarah Choi, and Michael Sherling represent the FTC.
Further details about this enforcement effort can be found on www.justice.gov/civil/consumer-protection-branch.
It should be noted that allegations within complaints must be proven by a preponderance of evidence if brought to trial. Some allegations in this complaint are currently redacted pending a court decision on whether they will remain sealed.