TikTok has been accused of failing to prevent children from joining the app and unlawfully collecting their personal data, according to a lawsuit filed by the US Justice Department on Friday. The lawsuit alleges that TikTok and its parent company, ByteDance, violated the Children’s Online Privacy Protection Act (COPPA) by allowing children to create accounts without parental knowledge or consent. Additionally, TikTok is accused of collecting and retaining personal data from children, such as email addresses, phone numbers, and location data, without complying with parental requests to delete this information.
The lawsuit stems from a 2019 agreement between TikTok and the US Federal Trade Commission (FTC), which required the company to adhere to COPPA after it was found to have illegally collected personal information from children under the age of 13. The Justice Department now claims that TikTok has continued to violate both the law and the 2019 court order.
Despite offering a “Kids Mode” for users under 13, the complaint asserts that TikTok knowingly allowed children to create accounts in the regular version of the app, collecting extensive personal information without providing parental notice or obtaining verifiable parental consent. This complaint was filed in a California district court and highlights ongoing concerns about the platform’s handling of young users’ data.
The lawsuit adds to the mounting scrutiny faced by the popular short-form video app, which is also involved in a legal battle over potential bans in the United States. In addition, TikTok has previously been accused of failing to protect young users’ safety and was fined in Europe for violating children’s privacy protections.
The FTC began investigating potential COPPA violations by TikTok earlier this year. The lawsuit filed by the Justice Department follows a referral from the FTC, with FTC Chair Lina Khan stating that TikTok “knowingly and repeatedly violated kids’ privacy, threatening the safety of millions of children across the country.”
In response, TikTok spokesperson Michael Hughes contested the allegations, asserting that many relate to past events and practices that have since been addressed. Hughes emphasized TikTok’s efforts to protect children, including the implementation of age-appropriate experiences, stringent safeguards, proactive removal of suspected underage users, and the introduction of features such as default screentime limits and Family Pairing.
However, the lawsuit claims TikTok has not done enough to prevent children under 13 from using the app. It alleges that until late 2020, TikTok allowed children who were initially blocked for being underage to reattempt sign-up with a different birthdate. Furthermore, the suit claims TikTok’s process for parents to request data deletion was “convoluted” and that the company often did not honor these requests.
