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DOJ and FTC Sue TikTok Over Child Privacy Allegations

TikTok “flagrantly” violated children’s privacy law when it let kids open accounts without parental consent and collected their data, DOJ and the FTC alleged Friday in a lawsuit against the Chinese-owned social media app. TikTok violated the Children’s Online Privacy Protection Act (COPPA) when it knowingly allowed children younger than 13 to maintain accounts, DOJ said in a complaint filed on behalf of the FTC. The company purposefully avoided obtaining parental consent and delivered targeted advertising to underage users, the agencies alleged. The department cited internal communications from a TikTok employee acknowledging the conduct could get the company “in trouble” because of COPPA. TikTok let children bypass age restrictions and create accounts without age verification, DOJ said. Moreover, TikTok classified millions of accounts with an “age unknown” status, the filing said. “TikTok knowingly and repeatedly violated kids’ privacy, threatening the safety of millions of children across the country,” FTC Chair Lina Khan said in a statement. “The FTC will continue to use the full scope of its authorities to protect children online.” Principal Deputy Assistant Attorney General Brian Boynton said the complaint will “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.” In a statement Friday, TikTok said it disagrees with the allegations, “many of which relate to past events and practices that are factually inaccurate or have been addressed.” TikTok offers “age-appropriate experiences with stringent safeguards,” proactively removes “suspected underage users” and has “voluntarily launched features such as default screentime limits, Family Pairing, and additional privacy protections for minors,” the company said. The FTC is seeking a permanent injunction and civil penalties of up to $51,744 per instance of violation. The commission voted 3-0 to refer the complaint to DOJ, with Commissioners Melissa Holyoak and Andrew Ferguson recused.