On August 9, 2024, Silver Golub & Teitell (SGT) filed the first private action in the U.S. alleging that TikTok improperly collected the personal information of children younger than 13 and exploited the information for significant financial gain through lucrative behavioral advertising. The Children’s Online Privacy Protection Act (COPPA) makes it illegal for an operator of a website or online service, including mobile apps, to collect and use the personal information of children without parental consent. SGT’s action alleged that TikTok’s conduct violated state privacy and statutory laws, and that TikTok unjustly profited from their unlawful conduct.
Overview
The litigation stems from a $5.7 million settlement that TikTok reached with the Federal Trade Commission in 2019. As part of the agreement, TikTok was required to implement strict measures to safeguard children's data and ensure compliance with COPPA.
In August 2024, the Department of Justice filed a lawsuit against TikTok for violating the 2019 agreement, alleging that TikTok continued to collect extensive data from its users, including millions of American children.
SGT's action has been consolidated into multidistrict litigation in the U.S. District Court for the Central District of California, in which SGT was appointed by the court as the sole member of the Executive Committee. On November 7, 2025, the court denied TikTok's motion to stay the consolidated action and substantially denied TikTok's motion to dismiss, allowing the consolidated action to proceed.
On September 24, 2026, U.S. District Judge George H. Wu denied TikTok's motion to dismiss claims dating through August 22, 2022. TikTok argued that those claims had been released under two earlier class settlements against TikTok. Judge Wu found that, at this stage of the case, TikTok had not shown that the children represented in this action are members of either settlement class, allowing the full scope of the claims in this action to move forward.
The action is In re: TikTok Inc. Minor Privacy Litigation (C.D. Cal.), MDL No. 2:25-ml-03144.
Contact
If you are the parent of a child under 13 years old who used TikTok between 2019 and the present and would like to learn more about the lawsuit and the rights you and your child may have, please contact SGT today by filling out your information in the contact form on this page. An SGT attorney will review your information and, if certain criteria are met, reach out for more information.
