TikTok Just Got Sued Over Children's Privacy Law

The Justice Department sued TikTok on Friday, accusing the company of violating children's online privacy law and running afoul of a settlement it had reached with another federal agency. The complaint, filed together with the Federal Trade Commission in a California federal court, focuses on allegations that the platform and its China-based parent company ByteDance violated a federal law that requires kid-oriented apps and websites to get parental consent before collecting personal information of children under 13. Legal battles between the US government and the social media company could determine if—or how—TikTok will continue to operate in the country, the AP reports.

"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," Brian Boynton, head of the Justice Department's Civil Division, said in a statement. TikTok did not immediately respond to a request for comment.
The US decided to file the lawsuit following an investigation by the FTC into whether the companies were complying with a previous settlement involving TikTok's predecessor, Musica.ly. In 2019, the federal government sued Musical.ly, alleging it violated the Children's Online Privacy Protection Act by failing to notify parents about its collection and use of personal information for kids under 13.

That same year, Musical.ly—acquired by ByteDance in 2017 and merged with TikTok—agreed to pay $5.7 million over those allegations. The two companies were subject to a court order requiring them to comply with COPPA, which the government says hasn't happened. In the complaint, the Justice Department and the FTC allege TikTok has knowingly allowed children to create accounts and retained their personal information without notifying their parents. This practice extends to accounts created in "Kids Mode," a version of TikTok for children under 13, the department said. (Ireland has made a similar objection.)