It all started in 2020 when the first Trump administration tried, but failed to use its emergency power to block TikTok in the country.
Three years later, the Biden administration prohibited the use of TikTok on federal employees’ devices.
In 2024, the U.S. House of Representatives and Senate passed legislation requiring ByteDance to sell TikTok or be banned in U.S. app stores and websites. Then-President Biden signed the bill into law.
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Wait, but TikTok is still being used in the U.S., right?
On January 20, President Donald Trump signed an executive order delaying enforcement of the ban for an extra 75 days. The president extended the deadline two more times, with the latest extension set for September 17.
In case you are not familiar with all of the TikTok ban drama, here’s a brief explanation: the government is worried the Chinese government might access user data or manipulate the platform for its own purposes, because the owner of TikTok is ByteDance, a Chinese company.
However, it turns out that these issues are not the only ones some American users and the government are worried about in relation to TikTok usage.
TikTok is under scrutiny over claims that it illegally collects data from users younger than 13 years old.
Image source: Shutterstock
TikTok’ Kids Mode might not be as child-friendly as you thought
A class action lawsuit against TikTok claims that the company illegally collected data from users younger than 13 years old using its special “Kids Mode,” writes TopClass Actions.
Related: T-Mobile, Apple may have a multibillion-dollar TikTok problem on their hands
When a child younger than 13 truthfully enters their birthdate, a restricted TikTok mode is automatically activated. Under this mode, some features, such as uploading videos or messaging, should be unavailable.
However, collecting personal data continues, even in Kids Mode. Personal information that is still being collected includes:
- Device and usage data
- IP address and persistent identifiers
- Email addresses submitted through the in-app “Report a Problem” form
According to government investigators, under TikTok’s child-friendly experience, personal and device data from minors is collected without proper consent, data is shared with third-party companies like Facebook, and it appears difficult for parents to delete their child’s data.
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Collecting and using this personal data for minors is in violation of the Children’s Online Privacy Protection Act (COPPA). Under the act, website operators are not allowed to knowingly collect, use, or share personal information from children under the age of 13 wihout a parent’s consent.
DOJ and FTC sued TikTok, claiming violation of children’s privacy
In August 2024, the U.S. Department of Justice (DOJ) and Federal Trade Commission filed a lawsuit against TikTok and ByteDance over violating COPPA.
“The Department is deeply concerned that TikTok has continued to collect and retain children’s personal information despite a court order barring such conduct,” stated Acting Associate Attorney General Benjamin C. Mizer. “With this action, the Department seeks to ensure that TikTok honors its obligation to protect children’s privacy rights and parents’ efforts to protect their children.”
Related: White House advisor sends hard-nosed message to Apple
TikTok is considered one of the five biggest social media platforms, only behind Facebook, YouTube, Instagram, and WhatsApp. As of February 2024, it has been downloaded 4.7 billion times.
DOJ and FTC believe that TikTok’s alleged COPPA violations have resulted in millions of children under 13 using the regular TikTok app, allowing them access to adult content. The complaint seeks civil penalties and injunctive relief.
“TikTok knowingly and repeatedly violated kids’ privacy, threatening the safety of millions of children across the country,” said FTC Chair Lina M. Khan.
Parents whose children under 13 have used the platform and who are not sure how their child’s data was used might qualify to join a TikTok child privacy class action lawsuit investigation.
TopClass Actions is inviting worried parents to join the investigation and see if your family may be eligible for compensation.
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