FTC Sues TikTok Over Alleged Violations of Children’s Privacy Law

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WASHINGTON, D.C. — The Federal Trade Commission (FTC) and the Department of Justice (DOJ) have filed a lawsuit against video-sharing platform TikTok, its parent company ByteDance, and affiliated entities for allegedly violating the Children’s Online Privacy Protection Act (COPPA). The complaint also asserts that TikTok breached a 2019 consent order related to the same law.

The lawsuit claims that TikTok failed to notify and obtain parental consent before collecting personal information from children under 13. “TikTok knowingly and repeatedly violated kids’ privacy, threatening the safety of millions of children across the country,” said FTC Chair Lina M. Khan. “The FTC will continue to use the full scope of its authorities to protect children online—especially as firms deploy increasingly sophisticated digital tools to surveil kids and profit from their data.”

Allegations of Non-Compliance

The complaint outlines several concerning practices by TikTok. ByteDance allegedly allowed millions of underage users to create accounts without parental consent, collecting personal data for advertising purposes. As of 2020, TikTok reportedly retained accounts of children under 13 unless explicit age information was provided. Human reviewers spent only seconds per account to determine the user’s age, leading to significant privacy risks.

TikTok allegedly built back doors into its platform, enabling children to bypass age verification by using third-party services like Google and Instagram. This practice resulted in millions of “age unknown” accounts, further complicating compliance with COPPA.

Internal Concerns and Data Collection Practices

The complaint also reveals concerns raised by TikTok employees about compliance failures. One compliance employee allegedly warned, “We can get in trouble … because of COPPA.” TikTok continued to collect personal information from children, including data for targeted advertising, without proper parental consent. The company also reportedly collected more data than necessary and shared it with third parties like Facebook, violating COPPA requirements.

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Challenges for Parents

Parents faced significant challenges in requesting account deletions for their children. TikTok allegedly imposed redundant steps for deletion requests, often failing to comply even when parents completed the required forms. This practice persisted despite internal acknowledgments that the company had sufficient information to delete the data without additional forms.

Breach of 2019 Consent Order

The lawsuit claims that TikTok violated a 2019 FTC order soon after it was enacted. The order required TikTok to comply with COPPA and protect children’s privacy. However, TikTok allegedly failed to notify parents about data collection, obtain parental consent, limit data use, and delete personal information upon request.

Legal Actions and Penalties

The FTC and DOJ are seeking civil penalties and a permanent injunction to prevent future violations. The FTC Act permits civil penalties of up to $51,744 per violation, per day. “The Justice Department is committed to upholding parents’ ability to protect their children’s privacy,” said Principal Deputy Assistant Attorney General Brian Boynton. “This action is necessary to prevent the defendants, who are repeat offenders and operate on a massive scale, from collecting and using young children’s private information without any parental consent or control.”

The Commission voted 3-0-2 to refer the complaint to the DOJ. Commissioners Melissa Holyoak and Andrew N. Ferguson were recused. The complaint was filed in the U.S. District Court for the Central District of California.

This lawsuit highlights the ongoing efforts by regulatory bodies to hold tech companies accountable for protecting children’s privacy and ensuring compliance with federal laws.

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