How to claim TikTok data privacy settlement: Users entitled to share of $92m

Update

TikTok users in the US could be part of a class action settlement over the app’s use of data, which reached a total settlement of $92 million. Users who believe they are entitled can submit a claim form to confirm they are a member of the settlement class.

The settlement also applies to TikTok’s previous version, Musica.ly, and any user of the app in the United States who used it prior to September 30, 2021. There is also a sub-class that applies only to Illinois residents, who used the app to create videos, who could be entitled to up to 6x the payment.

“The Settlement, if approved, would provide $92,000,000 to pay the members of the Settlement Class who file valid claims,” the website for claims states.

TikTok has reached a settlement in the case to avoid further legal proceedings, potentially more costly than the settlement amount: “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.”

TikTok has overtaken Google to become the world’s most popular website in 2021.

Am I eligible for TikTok data privacy settlement?

To be a member of the Class, you must fall under one of these criteria:

  • 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.

You can submit a claim for yourself or on behalf of a minor who used the app by visiting the TikTok data privacy settlement website.

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The deadline to submit a claim form is March 1, 2022, while the deadline to exclude yourself from the class or make an objection is January 31, 2022. If you do nothing, you will not receive any benefit from the settlement, and will lose the right to bring your own lawsuit against TikTok about the same claims.

What is the TikTok data privacy lawsuit about?

The lawsuit against TikTok alleged that the app “collected and used, without sufficient notice and consent, Plaintiffs’ personal data in connection with Plaintiffs’ use of the App.”

TikTok denies all of the allegations of wrongdoing and all liability and damages, but the case has not reached trial. While TikTok denies all the claims, both sides have agreed to a settlement, to “avoid the costs and uncertainty of a trial.”

The lawsuit was filed in the District Court for the Northern District of Illinois.

As part of the settlement, TikTok has also agreed to a set of data privacy rules. The app will not:

  • Use the App to collect or store a user’s biometric information or identifiers (as defined by applicable law)
  • Use the App to collect geolocation or GPS data
  • Use the App to collect information in user’s clipboards
  • Use the App to transmit U.S. user data outside of the U.S.
  • Store U.S. user data in databases outside of the U.S.
  • Pre-upload U.S. user-generated content.

    • TikTok will also require new training for employees and contractors on privacy laws and procedures.

    The collection of data on the app has been scrutinized for a long time, especially in the US, where there were even threats from then-President Trump to ban the app.

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