TikTok has failed to prevent children from using the app and has unlawfully collected their personal data, according to a lawsuit filed by the US Justice Department on Friday.
The lawsuit accuses TikTok and its parent company, ByteDance, of violating the Children’s Online Privacy Protection Act (COPPA) by allowing children to create accounts without parental knowledge or consent. The app also collects and retains children’s personal data, such as email addresses, phone numbers, and location information, and fails to comply with parental requests to delete their children’s information, the suit claims.
This lawsuit follows a 2019 agreement between TikTok and the US Federal Trade Commission, which required TikTok to adhere to COPPA regulations after allegations of illegally collecting personal information from children under 13. The Justice Department alleges that TikTok has continued to violate both the law and the 2019 court order.
Despite offering a “Kids Mode” for users under 13, TikTok has allegedly allowed children under 13 to create regular accounts and collect extensive personal information without providing parental notice or obtaining verifiable parental consent, according to the complaint filed in California district court.
This lawsuit adds to the ongoing scrutiny of TikTok, which is also fighting a legal battle over a potential US ban. TikTok has previously faced allegations of failing to protect young users and was fined in Europe for violating children’s privacy protections.
The FTC began investigating potential COPPA violations by TikTok earlier this year, sources told CNN. The Justice Department filed Friday’s lawsuit following a referral from the FTC.
“TikTok knowingly and repeatedly violated kids’ privacy, threatening the safety of millions of children across the country,” said FTC Chair Lina Khan in a statement on Friday.
A TikTok spokesperson disputed the allegations.
“We disagree with these allegations, many of which pertain to past events and practices that are factually inaccurate or have been addressed,” said TikTok spokesperson Michael Hughes. “We are proud of our efforts to protect children, and we will continue to update and improve the platform. To that end, we offer age-appropriate experiences with stringent safeguards, proactively remove suspected underage users, and have voluntarily launched features such as default screen time limits, Family Pairing, and additional privacy protections for minors.”
However, Friday’s lawsuit claims that TikTok has not done enough to ensure that children under 13 are kept off the app. The lawsuit alleges that until “at least late 2020,” if a child attempted to sign up and was rejected due to their birthdate showing they were under 13, TikTok did not prevent them from trying again with a different birthdate, even though TikTok knew the user was a child from the previous birthdate provided.
The suit also alleges that even if parents discovered their child’s account, TikTok did not create a simple process for them to request data deletion, calling the process “convoluted.” It claims that even when parents submitted a request, TikTok “often did not honor” it.
The DOJ is seeking civil penalties and a court order to prevent future COPPA violations with this lawsuit.