The Justice Department, in partnership with the Federal Trade Commission (FTC), has filed a significant lawsuit against TikTok Inc. and ByteDance Ltd. in the U.S. District Court for the Central District of California. This lawsuit accuses TikTok of serious violations of the Children’s Online Privacy Protection Act (COPPA), which is designed to protect the personal information of children under 13.
The complaint highlights that TikTok allowed children to create and use regular accounts, where they could share and view content and interact with other users, including adults, without obtaining parental consent. Even TikTok’s “Kids Mode,” which was meant to offer a safer environment for younger users, allegedly collected personal information such as email addresses unlawfully. Additionally, when parents requested the deletion of their children’s accounts and personal information, TikTok reportedly failed to comply with these requests. The lawsuit claims that TikTok’s internal processes for managing and removing accounts created by children were inadequate and ineffective.
Government and FTC Response
Acting Associate Attorney General Benjamin C. Mizer voiced serious concerns about TikTok’s ongoing violations of COPPA, despite an existing court order designed to enforce compliance. He stated, “We are deeply troubled by TikTok’s continued disregard for children’s privacy protections. This action is necessary to ensure that TikTok adheres to its legal obligations and safeguards the privacy rights of children.”
Principal Deputy Assistant Attorney General Brian M. Boynton emphasized the importance of holding companies accountable for repeated offenses, especially when they involve sensitive data of young users. He noted, “Our commitment is to protect children’s privacy and enforce the law against repeat offenders operating on a large scale.”
FTC Chair Lina M. Khan also criticized TikTok’s handling of children’s data, asserting, “TikTok knowingly and repeatedly violated kids’ privacy, jeopardizing the safety and security of millions of children. The FTC will continue to use all available tools to protect children online, especially as companies deploy increasingly sophisticated methods to track and profit from their data.”
The U.S. government is represented by 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. The FTC’s legal team includes Jonathan W. Ware, Iris Micklavzina, Sarah Choi, and Michael Sherling.
The Justice Department, along with the Federal Trade Commission (FTC), has taken legal action against TikTok Inc., ByteDance Ltd., and their affiliates for breaking children’s privacy laws. This lawsuit, filed in the U.S. District Court for the Central District of California, accuses TikTok of repeatedly violating the Children’s Online Privacy Protection Act (COPPA).
COPPA requires websites to get parental consent before collecting or using personal information from children under 13. It also mandates that operators delete such information if parents request it. TikTok, previously known as Musical.ly, was already under a court order to comply with these rules, but the lawsuit claims they continued to flout the law.
From 2019 to now, TikTok allegedly allowed children to create regular accounts, view, and share videos, and interact with adults without parental consent. The company reportedly collected and kept personal information from these kids, including email addresses, even from accounts set up in “Kids Mode,” which is supposed to be for younger users. TikTok also failed to delete accounts and information when parents requested it and had ineffective policies for managing child accounts.
The lawsuit demands civil penalties and new measures to ensure TikTok follows the law. Acting Associate Attorney General Benjamin C. Mizer stated, “We are deeply concerned that TikTok continued to collect and retain children’s personal information despite a court order.”
Principal Deputy Assistant Attorney General Brian M. Boynton emphasized the need for action against companies that repeatedly break the law, protecting parents’ rights to control their children’s privacy.
FTC Chair Lina M. Khan criticized TikTok for endangering children’s privacy, saying, “TikTok knowingly and repeatedly violated kids’ privacy, threatening the safety of millions of children.”
For more information, Justice Department Sues TikTok and Parent Company ByteDance for Widespread Violations of Children’s Privacy Laws.
Source: Office of Public Affairs, U.S. Department of Justice
