TikTok In-App Browser and Collection of Private Information Class Action

Are users of TikTok aware of the information that might be collected about them? This class action alleges that the platform has an in-app browser that surreptitiously intercepts information about users and tracks details of other website visits. The complaint alleges that TikTok, Inc. and ByteDance, Inc. collect this information for their own profit and without the consent of the users, and that they are breaking wiretapping laws as well as violating users’ rights to privacy.

The Nationwide Class for this action is all natural persons in the US who used the TikTok app to visit websites external to TikTok, using the in-app browser. A New Jersey Subclass has also been defined, for those in the above class living in New Jersey.

TikTok originated from the app Musical.ly. In 2016, the complaint claims, the Chinese company Bytedance launched a version for the Chinese market called Douyin, then bought Musical.ly and combined it with Douyin to create the international platform TikTok.

TikTok was launched in 2018, and it now has more than 100 million users in the US.

What exactly is TikTok doing that is at issue here? The complaint alleges that “TikTok users who click a link inside the application to access an external website, make purchases, register to vote, or seek to access any information external to the application itself, are pushed into an in-app browser which records all of their data that is [entered] and actions taken while the user is seemingly outside the TikTok application.”

But this in-app browser isn’t simply a different way for users to look at advertised products and access third-party websites, the complaint alleges. When users click on an ad or link on TikTok, the complaint claims, the other website doesn’t open with the user’s regular browser. Instead, it opens with TikTok’s in-app browser. The complaint claims that “the in-app browser inserts JavaScript code into the websites visited by TikTok users. The clear purpose of the JavaScript code inserted into these websites is to track every detail about TikTok users’ website activity.” Neither the websites nor the users have consented to this, the complaint claims.

In this way, the complaint alleges, TikTok can gather “massive amounts of highly sensitive about its users” including their personally identifiable information (PII) without their consent. It also records purchases and information gathered from health providers and pharmacies, including entities like Planned Parenthood.

This collection of this massive amount of information, the complaint claims, lets TikTok profit by selling targeted advertising but also raises privacy concerns.

Various countries have investigated TikTok over their concerns about the handling of privacy and security, and the complaint says TikTok has settled litigations about data privacy. Concerns have also been raised in the US, the complaint claims about TikTok, ByteDance, their relationship to the Chinese government, and US national security. According to the complaint, the app is banned by the Army, Navy, Air Force, Coast Guard, Marine Corps, Department of Defense, Department of Homeland Security, and TSA.

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