DOJ Settlement Raises Questions About TikTok Data Collection, Children Under 13, Parental Consent, and Potential Privacy Lawsuits Nationwide.

What Parker Waichman LLP Found

• TikTok and ByteDance agreed to a $400 million DOJ settlement resolving federal litigation concerning alleged violations of children’s online privacy protections.
• Federal regulators alleged that millions of children under 13 accessed TikTok while personal information was collected without legally required parental notice or consent.
• The government also alleged problems with age controls and parental requests to delete children’s accounts and information.
• The DOJ settlement is not the same as a $400 million compensation fund for individual TikTok users.
• Families may have separate claims under applicable state privacy or consumer-protection laws, depending on where they live, what data was collected, and the particular harm involved.

TikTok and its parent company ByteDance have agreed to pay $400 million to resolve a major federal lawsuit concerning the collection and handling of children’s personal information. The U.S. Department of Justice announced the settlement on August 21, 2026, describing it as one of the largest recoveries ever obtained in a case involving the Children’s Online Privacy Protection Act, commonly called COPPA. The litigation focused on allegations that TikTok collected, retained, and used information belonging to children under 13 without providing the required notice to parents or obtaining appropriate parental consent.

For parents, the significance of the case extends well beyond the size of the settlement. Children now spend substantial portions of their lives interacting with social media platforms, mobile applications, games, websites, and other online services that can collect enormous amounts of information about what they watch, search for, click, share, and communicate. When a platform knows that children are using its service, federal privacy protections impose important requirements intended to give parents greater control over that information.

The government’s case alleged that TikTok’s practices fell short of those requirements on a very large scale. The Justice Department alleged that millions of children younger than 13 were permitted to use the regular TikTok platform and that personal information was collected from young users without the parental notice and consent required by federal law. Government lawyers also alleged that parents encountered problems when trying to have children’s accounts and information deleted.

The settlement does not mean that every parent whose child used TikTok is automatically entitled to money. Nor does the government’s $400 million recovery constitute a publicly announced compensation fund for individual children or families. However, the allegations and the evidence surrounding this litigation may be important to families concerned that their children’s personal information was improperly collected, retained, disclosed, profiled, or otherwise used.

For some families, the appropriate next question maybe whether separate rights exist under state privacy statutes, consumer-protection laws, contractual theories, or other causes of action applicable to their particular circumstances.

What Did the Justice Department Accuse TikTok and ByteDance of Doing?

The federal lawsuit was filed in August 2024 by the Department of Justice following a referral from the Federal Trade Commission. The case was brought in the U.S. District Court for the Central District of California against ByteDance, TikTok, and affiliated companies.

The government’s allegations were extensive.

According to the DOJ’s complaint, TikTok knowingly allowed children younger than 13 to create and use regular TikTok accounts. Those children allegedly could create, view, and share short-form videos and interact with other users while TikTok collected and retained personal information associated with their use of the platform. Federal regulators alleged that this occurred without appropriate notification to parents or receipt of parental consent.

The FTC also alleged that TikTok collected data capable of being used for advertising purposes and maintained millions of accounts whose users’ ages were unknown. Regulators claimed that certain account-creation methods allowed children to bypass TikTok’s age-screening system by signing up through third-party credentials.

The allegations were not limited to ordinary TikTok accounts. The government also claimed that TikTok collected and retained certain personal information from children who used its more limited Kids Mode service.

Another major allegation involved deletion requests. COPPA gives parents important rights regarding personal information collected from their children. According to federal regulators, parents attempting to delete their children’s accounts or information sometimes encountered unnecessary procedures, multiple steps, or requests for additional information. The FTC alleged that TikTok sometimes failed to delete information despite having knowledge that an account belonged to an underage user.

These allegations formed the basis for a federal enforcement action seeking civil penalties and injunctive relief.

It is equally important to state what the settlement means legally. The Justice Department’s August 2026 announcement specifically says that the claims resolved by the United States were allegations and that there had been no determination of liability. The settlement resolves the government’s claims without a judicial finding that TikTok or ByteDance committed the alleged violations.

What Is COPPA and How Is It Supposed to Protect Children?

The Children’s Online Privacy Protection Act was enacted because children present unique privacy concerns online. A young child cannot reasonably be expected to understand what it means for an online platform to collect identifiers, track activity, develop profiles, retain personal information, or disclose data to outside companies.

COPPA generally applies to operators of websites and online services directed to children under 13, as well as certain operators that have actual knowledge that they are collecting personal information from children under 13.

Among other requirements, covered operators generally must provide parents with notice concerning their information practices and obtain verifiable parental consent before collecting, using, or disclosing covered personal information from children.

The law and its implementing regulations also address parental access, deletion rights, data security, retention, and limitations on unnecessary collection.

The Justice Department summarized the fundamental rule when it filed the TikTok case: online operators covered by COPPA cannot knowingly collect, use, or disclose personal information from children under 13 without providing appropriate notice and obtaining parental consent. Parents must also have an avenue for requesting deletion of their children’s information.

Those protections matter because children’s digital information can be remarkably revealing. Depending on the service and technology involved, personal information can include persistent identifiers and information associated with online activity. Information collected over time may allow companies to understand a child’s interests, habits, interactions, preferences, or patterns of use.

Parents understandably may believe that an age requirement appearing on a registration screen prevents a social-media company from knowingly collecting children’s information. The government’s TikTok allegations demonstrate why the operation and enforcement of an age gate can matter as much as its existence.

Federal regulators alleged that TikTok knew young children were reaching the platform despite its age restrictions and nevertheless maintained deficient systems for identifying and removing those users.

What Information Did Regulators Say TikTok Collected?

The government’s allegations involved far more than simply allowing a child to watch videos.

The FTC said TikTok collected numerous categories of information and accused the company of gathering more information from children than was necessary. Regulators specifically alleged that TikTok collected information concerning children’s activity on the platform and multiple types of persistent identifiers that could be used to develop profiles.

The FTC further alleged that TikTok used children’s personal data in connection with efforts to encourage less-active Kids Mode users to return to the service. According to regulators, information was shared with third parties, including Facebook and AppsFlyer, as part of what the FTC characterized as a retargeting practice.

These allegations demonstrate why digital privacy cases can be substantially different from traditional personal injury claims.

An injured person’s data may not be something that can be seen, touched, or physically repaired. The harm may instead involve loss of privacy, unauthorized collection, unwanted disclosure, profiling, retention of information, economic exploitation of data, interference with parental control, or exposure to additional risks.

Whether any of those circumstances support an individual claim depends heavily on the laws of the state where a child or family resides and the facts surrounding that user’s account.

Age Verification Was a Major Issue in the Government’s Case

One of the central questions raised by the federal complaint concerned whether TikTok’s procedures were adequate to keep underage users off portions of the platform that were not intended for them.

TikTok required users creating accounts to provide their birth dates. Federal regulators nevertheless alleged that children could evade or bypass this age gate.

The FTC claimed TikTok permitted some children to register through credentials associated with third-party platforms without providing their age or obtaining parental permission. TikTok allegedly categorized millions of these users as having an unknown age.

Regulators also challenged how accounts suspected of belonging to children were reviewed.

According to the FTC’s 2024 account of its allegations, human reviewers spent an average of approximately five to seven seconds assessing whether an account belonged to a child. The government contended that TikTok’s policies and procedures for identifying and deleting underage accounts were ineffective.

The issue is legally significant because a platform cannot necessarily avoid children’s privacy obligations merely by posting a minimum-age rule if other evidence demonstrates actual knowledge that younger children are using the service.

Parents Allegedly Encountered Problems Trying to Delete Children’s Information

Parental control is one of COPPA’s core principles. Parents should have meaningful information about what an online operator collects from their young children and an opportunity to exercise rights provided by law.

The government’s allegations concerning deletion requests were therefore particularly significant.

The FTC claimed parents sometimes were required to complete multiple procedures before TikTok would delete a child’s account and associated information. Regulators alleged that even when sufficient information had already been provided to identify an underage account, parents could be required to submit an additional form.

The government also alleged that TikTok frequently did not honor parental requests to delete accounts and information.

For parents who specifically attempted to remove a child’s account or information, documentation concerning those efforts may be particularly important. Emails, screenshots, support tickets, automated responses, account records, dates of deletion requests, and subsequent communications could help establish what the parent requested and how the platform responded.

Families considering their rights should avoid unnecessarily deleting potentially relevant records before obtaining legal advice.

Could There Be Private TikTok Children’s Privacy Lawsuits?

Potentially. Whether an individual lawsuit or proposed class action can proceed is a separate question from whether the federal government could enforce COPPA.

A privacy attorney examining a potential case would need to determine what law creates a private right to sue, whether the plaintiff satisfies standing requirements, what injury is alleged, whether applicable terms of service affect the dispute, and whether the claim is timely.

Potential issues that could be investigated include:

• Whether a child was younger than 13 while using TikTok and when the account was created.
• Whether TikTok or another entity collected covered information about the child.
• Whether the parent knew about or consented to the collection.
• Whether information was used for profiling, advertising, analytics, retargeting, or other purposes.
• Whether information was disclosed to or shared with other parties.
• Whether a parent asked TikTok to delete an account or personal information and what happened afterward.
• Whether the family’s state has a privacy or consumer-protection statute that provides a private cause of action.
• Whether the child or parent suffered measurable economic, privacy, emotional, or other legally recognized injury.

Not every person whose child used TikTok will necessarily have a viable lawsuit. Conversely, parents should not assume that the federal settlement eliminated whatever independent rights they may possess.

What Damages Could Be Sought in a Children’s Privacy Lawsuit?

Damages depend entirely on the legal theory being asserted and the law governing the particular claim.

Some privacy statutes provide statutory damages, meaning a claimant may potentially recover an amount established by law if specific statutory requirements are satisfied. Other causes of action require proof of actual damages.

Depending upon the jurisdiction and evidence, claimed losses could potentially involve financial harm, unauthorized use of valuable personal information, expenses associated with identity protection or mitigation, invasion of privacy, or other damages recognized under applicable law.

Certain statutes may also permit recovery of attorney’s fees or other remedies.

The existence of the $400 million federal settlement should not be confused with the amount available to any private claimant. A private case must have its own legal basis, and recoverable damages must arise from the law supporting that claim.

That distinction is particularly important when families encounter advertisements suggesting that every TikTok user automatically qualifies for substantial compensation simply because the DOJ reached a large settlement.

TikTok Children’s Privacy Lawsuit FAQs

Can I file a TikTok lawsuit because my child used the app before turning 13?

Possibly, but a child’s use of TikTok before age 13 does not by itself establish a compensable private lawsuit. Attorneys would need to determine what information was collected, whether parental consent existed, which laws apply in your state, whether those laws provide a private right of action, and whether the child or parent suffered an injury recognized by law. The DOJ alleged that TikTok permitted millions of children under 13 to use regular accounts while collecting personal information without the required parental notice or consent. Those allegations may be relevant to separate civil cases, but each potential claimant’s circumstances must be evaluated individually.

Will families receive part of the $400 million TikTok settlement?

The Justice Department’s announcement does not describe the $400 million resolution as a general settlement fund paying individual TikTok users or their parents. TikTok will pay $300 million immediately and another $100 million after a specified condition involving the earlier Musical.ly consent decree is satisfied. Families interested in compensation would need to determine whether they possess a separate private claim under applicable law rather than assuming they automatically participate in the DOJ recovery.

What if I asked TikTok to delete my child’s account or personal information?

That could be significant. The federal government specifically alleged that parents sometimes encountered difficulties when requesting deletion and that TikTok frequently failed to honor requests involving children’s accounts and personal information. Parents should preserve copies of emails, support requests, screenshots, confirmation notices, dates, and other evidence showing what they requested and how TikTok responded. An attorney can evaluate those records under any federal or state laws relevant to the family’s circumstances.

What information should parents preserve before speaking with a lawyer?

Preserve information identifying the account, the child’s age when the account was created and used, account settings, emails from TikTok, parental-consent communications, deletion requests, downloaded TikTok data, screenshots, devices used to access the account, and records showing how long the child used the service. Do not alter records simply to strengthen a potential claim. Keeping original information intact can help attorneys determine what happened, which laws may apply, and whether sufficient evidence exists to pursue an individual or class-based privacy claim.

TikTok Children’s Privacy Lawsuit Lawyers at Parker Waichman LLP

Parents should be able to understand when a technology company is collecting their child’s information, why that information is being collected, and how it will be used. When a company allegedly collects or retains children’s data without legally required parental involvement, families deserve clear answers about what happened and whether the law provides them with a remedy.

The allegations underlying the government’s TikTok case concern millions of children, extensive data collection, age-verification procedures, parental consent, and parents’ ability to delete their children’s information. Determining whether an individual family has a private claim requires a separate legal analysis of the child’s age, account history, information collected, state of residence, applicable privacy statutes, and resulting harm.

Parker Waichman LLP is a national law firm representing consumers and families in significant litigation involving corporate misconduct, consumer injuries, privacy violations, and other serious claims. Our attorneys can investigate the circumstances of a potential TikTok children’s privacy claim, determine which laws may apply, preserve relevant evidence, and evaluate whether compensation may be available through an individual lawsuit, coordinated litigation, or another appropriate legal proceeding.

If your child used TikTok while under the age of 13 and you are concerned that personal information was collected, retained, disclosed, or used without your knowledge or consent, contact Parker Waichman LLP for a free consultation.

Call 1-800-YOUR-LAWYER (1-800-968-7529) to discuss your family’s legal rights.