Here Is What To Know About The TikTok Case!
Parent company ByteDance agreed to pay $92 million to settle allegations it harvested personal data without users’ consent.
According to NBC News/By Morgan Sung
If you used TikTok — or its predecessor, Musical.ly — before Oct. 1, you may be eligible for compensation as part of a $92 million settlement against the app.
TikTok users received a notification from the app Monday about submitting a claim for compensation. Some expressed confusion on social media and questioned whether the notification was part of a larger scam.
The settlement is real. TikTok’s parent company, ByteDance, agreed in February to pay $92 million as part of a class-action payout to settle allegations that it harvested personal data from users without their consent.
As part of the settlement, which affects an estimated 89 million TikTok users, the company would have to change and disclose its data collection practices.
What Is This Lawsuit All About?
The settlement is the result of an amalgamation of 21 lawsuits, many of which were filed on behalf of minors.
Documents filed in U.S. District Court in Illinois allege that TikTok uses a “complex system of artificial intelligenceArtificial intelligence Artificial intelligence (AI) is wide-ranging branch of computer science concerned with building smart machines capable of performing tasks that typically require human intelligence. Machine learning is a subset of Artificial Intelligence. to recognize facial features in users’ videos” and that it analyzes faces to “determine the user’s age, race/ethnicity, and gender … to recommend content and profiles for the user to follow.”
“By utilizing this private and biometric information,” the suit continues, “TikTok maintains a competitive advantage over other social media appsApps Applications or Apps An application (software), commonly referred to as an ‘app’ is a program on a computer, tablet, mobile phone or device. Apps are designed for specific tasks, including checking the weather, accessing the internet, looking at photos, playing media, mobile banking, etc. Many apps can access the internet if needed and can be downloaded (used) either for a price or for free. Apps are a major point of vulnerability on all devices. Some are designed to be malicious, such as logging keystrokes or activity, and others can even transport malware. Always be careful about any app you are thinking about installing. 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 guarantees people the right to take action against companies that collect biometric data without consent.
The plaintiffs allege that TikTok violated the act, which prohibits companies’ using facial recognition to identify users or add them to a database of “faceprints” without explicit permission, according to the Cardozo School of Law’s journal, the Cardozo Law Review.
Illinois is the only state that allows people to sue companies for violating biometric privacy laws.
The suit also claims that TikTok mined users’ information from draft videos that were never posted.
What Is TikTok Changing?
TikTok, which has denied all allegations, said it settled for the payout to prevent the case from going to trial.
“While we disagree with the assertions, rather than go through lengthy litigation, we’d like to focus our efforts on building a safe and joyful experience for the TikTok community,” the company said in a statement following the February settlement agreement.
TikTok will delete certain swaths of user data as part of the settlement. The court documents didn’t disclose whether the company would specifically delete facial recognition data it has already collected, as Facebook said this month it would do, but TikTok said it won’t continue collecting biometric data.
Under the settlement, TikTok agreed to stop recording users’ facial features and other biometric information, stop tracking user location with GPS, stop collecting information from users’ drafts, and no longer store or transmit U.S. users’ data outside the country — unless it discloses so in its privacy policies.
TikTok also agreed to no longer disclose users’ personal data to third parties like Facebook and Google and to delete unposted, unsaved user-generated videos from its servers.
Who Is Eligible For The Settlement? How Much Will You Actually Get?
- Although parent company ByteDance is set to pay a hefty settlement, individuals aren’t likely to walk away with that much.
- U.S. residents who used TikTok before Oct. 1 are eligible to submit claims. Illinois residents are eligible for a larger share of the settlement pool.
- Each person is eligible for one share of the divided settlement. Illinois residents can get six shares of the divided payments.
- Parents can submit claims on behalf of their minor children.
- If everyone eligible submits a claim, most will get only about 96 cents after attorneys’ fees, which are “not to exceed 33.33 percent” of the fund, are deducted. Illinois residents can get up to $5.75.
- The filed documents say the claim rate will affect individual payouts. If only 1.5 percent of eligible TikTok users submit claims, Illinois residents could receive $383.33 and non-Illinois residents could get $63.89.
- If 20 percent of eligible users submit claims, Illinois residents could get $28.75 and non-Illinois residents could get $4.79.
How Do You Submit A Claim?
To submit a claim, visit the TikTok data privacy settlement website. Claims must be submitted by March 1.
Settlement class members can also object to the settlement by writing a letter to the court by Jan. 31.
Payments will be made only after the court grants final approval of the settlement at a hearing scheduled for May 18. If the court approves the deal, payments would be made electronically through PayPal, Venmo or prepaid Mastercards.
According To The Official Website
If you and/or your minor child used the TikTok and/or Musical.ly application, You May Be Entitled to a Payment from a Class Action Settlement.
If you live in Illinois or throughout the United States and used the TikTok app to create videos, you may be entitled to a Payment. (6x for Illinois Residents)
- Plaintiffs filed a class action complaint alleging that TikTok, Inc. f/k/a Musical.ly, Inc; ByteDance, Inc.; Musical.ly n/k/a TikTok, Ltd. and Beijing ByteDance Technology Co. Ltd. (collectively, the “Defendants”), violated federal and state law by collecting and using, without sufficient notice and consent, Plaintiffs’ personal data in connection with their use of the TikTok – Make Your Day video-sharing application (and/or its predecessor app Musical.ly) distributed in the U.S. (the “App.”).
- Defendants deny these allegations and other material allegations in the operative complaint.
- The Settlement1 that has been reached in this case affects the following persons (collectively the “Settlement Class”):
- Nationwide Class: All persons who reside in the United States who used the App prior to September 30, 2021.
- Illinois Subclass: All persons who reside in the State of Illinois and used the App in the State of Illinois to create videos prior to September 30, 2021.
- The Settlement, if approved, would provide $92,000,000 to pay the members of the Settlement Class who file valid claims, as well as to pay Plaintiffs’ attorneys’ fees, costs, a service award for the named plaintiffs, and the administrative costs of the settlement. It would also provide injunctive relief to protect App users’ information. The Settlement avoids the further cost and risk associated with continuing the lawsuits; it pays money to those persons whose rights Plaintiffs contend were violated; and it releases Defendants from further liability.
- You may submit a claim on your own behalf or on behalf of your minor child.
- Your legal rights are affected whether you act or don’t act. Read the notice carefully.
|YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT|
SUBMIT A CLAIM FORM
|If you are a member of the Settlement Class, you must submit a completed Claim Form to receive a payment. If the Court approves the Settlement and it becomes final and effective, and you remain in the Settlement Class, you will receive your payment by electronic means (unless you opt for an alternative form of payment). Deadline: March 1, 2022
Claim Form Link: https://tiktokdataprivacysettlement.com/submit-claim.php
|You may request to be excluded from the Settlement and, if you do, you will receive no benefits from the Settlement.
Deadline: January 31, 2022
|Write to the Court if you do not like the Settlement.
Deadline: January 31, 2022
GO TO A HEARING
|Ask to speak in Court about the fairness of the Settlement.|
|You will not receive a payment if you fail to timely submit a completed Claim Form, and you will give up your right to bring your own lawsuit against Defendants about the Claims in this case.|
- These rights and options – and the deadlines to exercise them – are explained in the Notice.
- The Court in charge of this case still has to decide whether to approve the Settlement. If it does, and after any appeals are resolved, benefits will be distributed to those who submit qualifying Claim Forms. Please be patient.
1 Capitalized terms herein have the same meanings as those defined in the Settlement Agreement.
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