NEW ORLEANS — Two plaintiffs have filed a class-action lawsuit against TikTok and its parent company ByteDance, alleging that the social media platform illegally collects and sells the personal information of minor children without parental consent.
The suit claims TikTok's actions violate the Children’s Online Privacy Protection Act (COPPA).
The lawsuit, filed on behalf of all similarly affected parties, asserts that TikTok gathers sensitive data from users under 13, including names, ages, addresses, phone numbers, social media account details and geolocation information, according to a complaint filed on March 7 in U.S. District Court for the Eastern District of Louisiana.
According to the plaintiffs, this data is then monetized through targeted advertising, contributing to TikTok's $16 billion in U.S. revenue in 2023.
Under COPPA, companies must provide direct notice to parents and obtain verifiable parental consent before collecting, using or disclosing children's personal information.
The complaint alleges that TikTok failed to comply with these regulations, even after a previous legal ruling in 2019.
In 2019, the Department of Justice (DOJ) settled a lawsuit against TikTok’s predecessor, Musical.ly, for COPPA violations.
As part of the settlement, TikTok agreed to a permanent injunction mandating compliance with COPPA's parental consent and notification requirements.
Despite this order, the plaintiffs argue that TikTok continues to collect data from children without proper safeguards.
The lawsuit further claims TikTok’s ‘age gate’ system is ineffective, as children often misrepresent their ages to access the platform. Internal company data reportedly showed that 18 million of TikTok's 49 million daily U.S. users in 2022 were aged 14 or younger.
Employees also allegedly flagged underage accounts that remained active without action from the company.
The plaintiffs also highlighted TikTok's algorithmic targeting practices, arguing the platform uses children's data to deliver personalized ads, contributing to its advertising revenue.
TikTok’s algorithm analyzes user behavior to predict interests, even for underage users, without parental consent.
In August 2024, the DOJ initiated a separate lawsuit against TikTok, accusing the company of further COPPA violations.
The federal complaint alleges TikTok knowingly allowed children to create accounts, collected their data, failed to honor deletion requests from parents, and retained children’s personal information in violation of the law.
TikTok and ByteDance have not yet responded to the allegations in the class action suit.
The plaintiffs are seeking damages and injunctive relief to prevent TikTok from continuing its alleged unlawful data collection practices.
This legal battle adds to growing scrutiny over TikTok’s data privacy practices, especially concerning minors.
The outcome of this case could have significant implications for the tech giant's operations in the U.S. and set a precedent for the enforcement of children’s privacy protections online.
Similar lawsuits have also been filed in West Virginia and Florida.
In the West Virginia lawsuit, which was filed on March 4 by Amanda Hinkle on behalf of her 9-year-old daughter, the complaint accuses ByteDance and its subsidiaries of breaching COPPA and the West Virginia Consumer Credit and Protection Act.
The suit claims TikTok gathers and sells minors’ data, including names, ages, locations and contact information, without proper notification to parents.
West Virginia Attorney Troy Giatras argues that TikTok has continued its data collection practices despite a 2019 injunction against its predecessor, Musical.ly.
U.S. District Court for the Eastern District of Louisiana case number: 2:25-cv-00457