The Federal Trade Commission (FTC) and the Department of Justice have filed a lawsuit against TikTok, its parent company ByteDance, and its affiliates for violating the Children’s Online Privacy Protection Act (COPPA). The complaint alleges that TikTok and ByteDance failed to notify and obtain parental consent before collecting and using personal information from children under 13, despite being aware of the legal requirements.
Key Allegations
- Violation of COPPA: TikTok and ByteDance knowingly allowed millions of children under 13 to use the platform without parental consent, violating COPPA.
- Non-compliance with 2019 FTC Order: The companies allegedly failed to comply with an existing 2019 FTC consent order, which required them to adhere to COPPA regulations.
- Inadequate Age Verification: TikTok maintained accounts of children under 13 unless they explicitly admitted their age, with human reviewers spending only 5-7 seconds per account for verification.
- Data Collection and Targeted Advertising: TikTok continued to collect personal data from underage users for targeted advertising without parental consent.
- Back Doors and Age Gate Bypass: TikTok allegedly built back doors into its platform, allowing children to bypass age verification using third-party credentials.
- TikTok Kids Mode Violations: Even in TikTok Kids Mode, the company collected and used children’s personal information without proper parental notification or consent.
- Parental Deletion Requests: TikTok made it difficult for parents to delete their children’s accounts and often failed to comply with deletion requests.
Additional Concerns
- Excessive Data Collection: TikTok collected more data than necessary, including children’s activities and multiple types of persistent identifiers.
- Data Sharing with Third Parties: TikTok shared children’s data with third parties like Facebook and AppsFlyer for retargeting purposes.
- Internal Concerns: TikTok employees raised concerns about COPPA violations, but the company allegedly continued its non-compliant practices.
Legal Actions and Penalties
- Civil Penalties: The complaint seeks civil penalties against ByteDance and TikTok, with potential fines up to $51,744 per violation, per day.
- Permanent Injunction: The FTC is asking the court to impose a permanent injunction to prevent future COPPA violations.
FTC and DOJ Statements
- FTC Chair Lina M. Khan: Emphasized the threat to children’s safety and the FTC’s commitment to protecting children online.
- Principal Deputy Assistant Attorney General Brian Boynton: Highlighted the necessity of the action to uphold parents’ ability to protect their children’s privacy.
Legal Representation
- FTC and DOJ Teams: The case is represented by Assistant Directors Rachael L. Doud and Zachary A. Dietert, Trial Attorneys Ben Cornfeld and Marcus P. Smith, and other FTC representatives.
Conclusion
The lawsuit underscores the FTC’s ongoing efforts to protect children’s privacy online and hold companies accountable for non-compliance with COPPA. The case will be decided by the U.S. District Court for the Central District of California.
