The Department of Justice has filed a lawsuit against TikTok, accusing the social media platform of allowing children under the age of 13 to create accounts without parental permission. This violation of US child privacy law, specifically the Children’s Online Privacy Protection Act (COPPA), has led to the collection of extensive data on underage users.
According to the lawsuit, TikTok knowingly enabled children under 13 to access its platform through a feature called “Kids Mode,” where personal information such as unique device identifiers and IP addresses were collected without parental consent. Despite requests from parents to delete their children’s accounts, TikTok allegedly failed to do so, further violating COPPA regulations.
The Department of Justice claims that TikTok’s age-gating techniques are “deficient in multiple ways.” For example, the platform allowed users to restart the account creation process even if they initially entered an age indicating they were under 13. Additionally, TikTok permitted users to log in through Instagram or Google, categorizing accounts as “age unknown,” which circumvented age restrictions.
As a result of these alleged violations, the DOJ is seeking legal action to prevent TikTok from violating COPPA in the future. Civil penalties under the FTC Act could amount to $51,744 per violation, per day. The Federal Trade Commission played a role in the investigation that led to the DOJ’s complaint, highlighting the collaborative effort to enforce child privacy laws.
In response to the lawsuit, TikTok spokesperson Alex Haurek stated that the company disputes the DOJ’s claims, noting that many of the issues cited are related to past events or have already been addressed. He emphasized TikTok’s commitment to protecting children on the platform and expressed a dedication to ongoing improvements.
The legal action against TikTok comes at a pivotal time, as the platform faces scrutiny over a new US law that could potentially ban the app unless its parent company, ByteDance, agrees to divest. The lawsuit adds another layer of complexity to TikTok’s legal challenges in the United States and raises questions about the platform’s compliance with child privacy regulations.
The Department of Justice’s lawsuit against TikTok underscores the importance of safeguarding children’s online privacy and holding platforms accountable for violations of COPPA. As the case unfolds in court, the outcome will have significant implications for how social media companies handle user data, particularly when it comes to underage users.
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