Plaintiffs filed lawsuits accusing TikTok, Musically, ByteDance and Beijing ByteDance Technology Co. Ltd. (collectively, the “Defendants”) violated federal and state law by collecting and using Plaintiffs’ data without sufficient notice and consent in connection with their use of the TikTok
According to documents filed in U.S. District Court in Illinois, TikTok employs a “complex artificial intelligence system to recognize facial features in users’ videos,” and analyses faces to “determine the user’s age, race/ethnicity, and gender… to recommend content and profiles for the user to follow.”
“By using this private and biometric information, TikTok maintains a competitive advantage over other social media apps and profits from its use of improperly obtained data, all while failing to comply with the minimum requirements for handling users’ biometric data established by” the state’s Biometric Information Privacy Act, which gives people the right to sue companies that collect biometric data without consent.
Only Illinois permits citizens to sue businesses for breaking biometric privacy regulations.
These and other key accusations in the operative complaint are denied by the defendants.
The “Settlement Class” are affected by the Settlement reached in this case:
- All residents of the United States who used the App before September 30, 2021, are included in the nationwide class.
- All residents of Illinois who used the App to create films in Illinois before September 30, 2021.
If approved, the Tik too data privacy settlement .com would pay $92 million to Settlement Class members who file valid claims, as well as Plaintiffs’ attorneys’ fees, expenses, a service award for the named plaintiffs, and settlement administration costs. It would also grant injunctive action to protect the information of App users. It compensates people whose rights Plaintiffs claim were infringed and absolves Defendants of further culpability.
You can file a claim for yourself or on behalf of your minor child. Whether you act or do not act, your legal rights are affected.
WHAT ARE YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT?
Submit a Claim Form:
You must submit a completed Claim Form to receive a payout if you are a member of the Settlement Class. If the Court approves the Settlement and it becomes complete and effective, and you remain a member of the Settlement Class, you will be paid electronically (unless you opt for an alternative form of payment). 1 March 2022 is the deadline.
You may request to be excluded from the Settlement, in which case you will not get any benefits.
If you don’t like the Settlement, write to the Court. Responses to the Plaintiffs’ Motion for Final Approval and Motion for Attorneys’ Fees must be received by April 14, 2022.
Attend a hearing:
Request a hearing in court to discuss the Settlement’s fairness.
Don’t do anything:
If you fail to timely submit a completed Claim Form, you will forfeit your ability to file your lawsuit against the Defendants regarding the Claims in this matter.
The Court in this case will determine whether or not to approve the Settlement. If it does, rewards will be given to those who submit eligible Claim Forms after any appeals are decided. Please bear with us.