Update as of 8/22/22: A federal court judge in Illinois entered final judgment after granting final approval of a groundbreaking settlement between TikTok, and its parent company, ByteDance, Inc., and consumers who use the app. The settlement resolves claims that the popular video-sharing app violated federal law and Illinois’ Biometric Information Privacy Act (BIPA) by unlawfully collecting users’ biometric information and private data and disclosing that information to third parties without notice to consumers.
In September 2020, FeganScott’s Beth Fegan was appointed co-lead counsel in a class action lawsuit against popular smartphone app, TikTok, and its parent company, ByteDance, Inc., on behalf of consumers who use the app. The suit claims that the app surreptitiously collects, uses, and stores users’ facial geometry, which is private, legally protected biometric information, as well as other private information and data.
The suit also claims that TikTok fails to disclose or obtain consent for the collection, use or storage of this data, why it is collecting the data, who has access, or how long it will be retained —all of which is required by the Illinois Biometric Information Privacy Act and other consumer and privacy protection laws.
In October 2021, FeganScott, along with our co-counsel, were granted preliminary approval for the $92 million proposed settlement to resolve these claims. In addition to creating a monetary fund for TikTok users, the settlement requires that TikTok initiate a new privacy compliance training program and take other steps to protect its users’ privacy going forward.
Illinois is currently the only state in the country with a statute that allows consumers to seek monetary damages if their biometric information is wrongfully taken. Because of this important, Illinois-specific claim, the settlement proposes that each Illinois class member receive an additional five shares of the $92 million settlement fund compared to other class members nationwide.
This proposed settlement is one of the largest ever achieved in a consumer BIPA case, and one of the largest privacy class action settlements.
As of mid-November 2021, class members are able to submit claims before March 2022: https://tiktokdataprivacysettlement.com/
The suit also claims that TikTok fails to disclose or obtain consent for the collection, use or storage of this data, why it is collecting the data, who has access, or how long it will be retained —all of which is required by the Illinois Biometric Information Privacy Act and other consumer and privacy protection laws.
In addition to the personal information that users knowingly and unknowingly provide to TikTok, the complaint alleges that the company also collects information about the user from third parties, such as Facebook and advertising companies, and shares private user information with those companies as well.
Further, the suit notes that the FTC found that TikTok was “directed to children” based upon the app’s “subject matter, visual content, music, and the presence of child celebrities or celebrities who appeal to kids,” and that the company had “actual knowledge” that it was collecting personal information from children.
The suit seeks to represent a nationwide class of individuals who have used TikTok, or appeared in a video on the TikTok app, and who are concerned about the use and storage of their biometric and other private data.