Central Minnesota mother accuses TikTok of violating data collection laws in lawsuit
A Minnesota mother has filed a lawsuit against TikTok's parent company, alleging it is violating federal data collection laws and unjustly making money through advertisements targeted at children.
The class-action lawsuit filed in federal district court on Friday names Little Falls resident Katherine R. Walters, on behalf of her 11-year-old son, as the plaintiff.
The lawsuit alleges ByteDance, which owns TikTok, has violated, and is continuing to violate the Children's Online Privacy Protection Act (COPPA) and the Children's Privacy Protection Rule (COPPA Rule) by collecting and using children's personal information without notifying their parents or getting their parents' consent.
The federal regulations protect privacy and safety online for children under the age of 13.
According to the lawsuit, the company is allegedly making money by using personal information to target advertisements to children, which is also in violation of COPPA.
Walters' son allegedly created a TikTok account when he was 9 years old. His personal information was collected to track his activity on the platform and utilize targeted advertisements, the lawsuit says.
The company allegedly never got consent from nor notified Walters while her child's information was being collected.
Walters claims the company violated the Minnesota Protection of Consumer Fraud Act (MPCFA), which bans the use of fraudulent practices by businesses, and the Minnesota Deceptive Trade Practices Act.
The lawsuit alleges the company knowingly allowed millions of children to have regular TikTok accounts through an "inadequate age-gating system" and poor monitoring policies designed to identify children under the age of 13.
According to the lawsuit, the company falsely represented the characteristics of TikTok Kids Mode, saying the feature collected users' personal information without notifying their parents or getting parental consent.
Walters wants payment for harm caused, repayment for money the company allegedly wrongfully gained through its actions and a jury trial so all claims and issues can be decided by a jury.
WCCO has reached out to ByteDance and TikTok but has not heard back from either company.
