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TIKTOK CLASS ACTION SETTLEMENT

By Jason Diez
December 7, 2021
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TikTok users residing in the United States might be entitled to payment from a
Class Action Settlement. If you or a minor has used TikTok prior to Sept. 30
might be able to claim to be a part of the $92 million settlement. 

TikTok sent out notifications to users notifying them of the settlements on Nov.
15 along with a link to information on how to submit a claim.

The settlements come as a result of a lawsuit where plaintiffs accused TikTok —
and predecessor app Musical.ly — alongside Bytedance, of allegedly violating
federal and state law by data mining and collection of personal data without
consent. 

Basically, TikTok uses a series of algorithms to interpret and identify
concentrated content for users. 

According to NBC News, TikTok creates “complex system 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.”

TikTok denied these allegations.

“Privacy is something that’s so elusive in the digital age because we give away
so much of ourselves online that we really give bits and pieces even though we
don’t think we are because we’re not reading the terms of service and we’re not
engaging in the End User License agreement and we’re not really understanding
kind of this broader like where our information goes,” said Tara
Cuslidge-Staino, a Mass Communication Studies professor at Delta College.

In February 2021, ByteDance, a parent company of TikTok, agreed to the $92
million settlement to avoid this case going to court. Individuals that are
impacted by this are both Nationwide Class and Settlement Class. 

“Nationwide Class involving all persons who reside in the United States who used
the App prior to September 30, 2021,” said on the TikTok, Inc., Consumer Privacy
Litigation; in the same claim, “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.” 

In order to claim part of the $92 million settlement, users will have to submit
a claim before March 1, 2022. Individuals residing in Illinois that created
Tiktok or Musical.ly videos prior to Sept. 30 might be entitled to six times the
payment. 

“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,” TikTok said in a February 2021 action
settlement statement.

“I voluntarily decided to create content on this app solely because of the
algorithm and how personalited it was,” said Olivia Lee, a lifestyle content
creator at Delta College. “It is uneasy to hear that they are taking your
personal information but the app is completely customized to you and it makes
sense that it isn’t just based on what you like rather than outside sources.”

Those who file and submit a claim on their own behalf or on the behalf of their
minor child can be entitled an estimated amount, after the deduction of attorney
fees, costs, and other fees circulating. 

The court overseeing the case has yet to decide on the approval of the
settlement.

The issue of privacy online has been a hot topic as of lately but it comes down
to users being aware of how little information they want to give out.


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Tara Cuslidge-Staiano




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