TikTok, ByteDance Session Replay Code and In-App Browser Class Action

This class action alleges that the companies TikTok, Inc. and ByteDance, Inc. use Session Replay Code to intercept and record the actions and information of TikTok users when they go from the app to another website, by causing the users to make use of an in-app browser rather than their regular browsers. The complaint alleges that this recording and collection of information takes place without the knowledge or consent of the users, in violation of the federal Wiretap Act, the Massachusetts Wiretap Act, the Maryland Wiretap Act, and the Missouri Wiretap Act.

The Nationwide Class for this action is all natural persons in the US who, within the applicable statute of limitations period, had their website communications captured through Session Replay Code activate by TikTok’s in-app browser. Massachusetts, Maryland, and Missouri Subclasses have also been defined for those in the above class who are citizens of those states whose communications were captured within those states.

When TikTok users click on a link for an ad displayed on TikTok, or when they attempt to go from there to a different website, the complaint alleges that they do not do this using their regular, default browsers. Instead, the complaint alleges, they are taken there by a TikTok browser, so that they never actually exit the TikTok app. The TikTok browser uses Session Replay Code, the complaint claims, to insert code into the websites visited, to record their keystrokes, swipes, text entered, and other communications for the benefit of TikTok.

According to the complaint, neither the third-party websites nor the users have consented to this interception of communications.

The complaint alleges that ByteDance in Beijing makes decisions for TikTok and ByteDance in the US, and the US companies are then expected to carry out the decisions. Beijing ByteDance is prominent enough in the workings of the stateside companies, the complaint claims, that California employees “are expected to work during Chinese business hours to be available to Beijing-based employees…” The complaint also alleges that Beijing ByteDance has ready access to any and all of U.S. users’ data acquired through their use of the TikTok app.”

TikTok’s algorithm, the complaint alleges, uses “tracking software to understand a user’s interests and habits” so that it can offer targeted advertising under its “lucrative marketing business model.”

The information collected, the complaint claims, can be both extensive and private. When a user buys something at a different website through the use of the in-app browser, the complaint alleges, the information recorded includes “the name of the purchaser, their address, telephone number, credit card or bank information, usernames, passwords, dates of birth, and other personal information.”

It can also gather other sensitive information when users seek health information or services, the complaint alleges, “such as about a user’s mental health, physical health, or sexual preferences.” Session Replay Code can recreate the user’s entire visit to any website.

Article Type: Lawsuit
Topic: Privacy
Tags: Collecting Personal Data Without Notice/Consent, Improper Collection of Information, Your Privacy, wiretapping