The Trial Lawyer Fall 2024 | Page 95

ByteDance with a lawsuit claiming the companies violated laws to protect children ’ s privacy online .
The Justice Department and the Federal Trade Commission ( FTC ) filed the lawsuit against TikTok Inc ., ByteDance Ltd . and their affiliates on Aug . 1 in a California federal court , alleging violations of the Children ’ s Online Privacy Protection Act ( COPPA ).
The lawsuit alleges that the companies have collected and stored children ’ s data — including their email addresses — from the popular TikTok app , despite a court order banning it from doing so .
“ The Department is deeply concerned that TikTok has continued to collect and retain children ’ s personal information despite a court order barring such conduct ,” said Acting Associate Attorney General Benjamin Mizer .
“ With this action , the Department seeks to ensure that TikTok honors its obligation to protect children ’ s privacy rights and parents ’ efforts to protect their children ,” the Justice Department said .
COPPA prohibits website operators from knowingly collecting , using , or disclosing personal information from children under the age of 13 , unless they provide notice to and obtain consent from those children ’ s parents .
It also requires website operators to delete personal information collected from children at their parents ’ request , the justice department says .
In 2019 , the government sued TikTok ’ s predecessor , Musical . ly , for COPPA violations , and since then , TikTok has been subject to a court order requiring it to undertake specific measures to comply with the law .
However , since then , TikTok has continued to knowingly permit children to create regular TikTok accounts and to create , view , and share short-form videos and messages with adults and others on the regular TikTok platform .
At the same time , the companies collected and retained a wide variety of
personal information from these children without notifying or obtaining consent from their parents , the lawsuit states , even for accounts that were created for children under 13 .
When parents discovered their children ’ s accounts and asked TikTok to delete them and the information in them , the company frequently failed to do so , the lawsuit states .
“ The defendants also had deficient and ineffectual internal policies and processes for identifying and deleting TikTok accounts created by children .” The justice department says the alleged COPPA violations have resulted in millions of children under 13 using the regular TikTok app , subjecting them to extensive data collection and allowing them to interact with adult users and access adult content . The complaint seeks civil penalties and injunctive relief .
Meanwhile , President Joe Biden has signed a bill requiring ByteDance to sell TikTok or face a ban in the United States from January 2025 , which the company is challenging in court .
Tobacco company to pay $ 9M following smoker death verdict
A Florida jury ordered RJR Reynolds Tobacco Co . to pay more than $ 9 million to the family of a man whose death was ruled to mainly have been caused by smoking the company ’ s cigarettes .
The jury determined R . J . Reynolds was 90 % responsible for the 2013 death of Dale Moyer and awarded $ 3 million to each of his three daughters and more than $ 373,000 in medical expenses he incurred , reports Law360 .
Moyer , a longtime smoker who died at the age of 83 , was ruled in the tobacco company verdict to have been 10 % responsible for his death from chronic obstructive pulmonary disease and heart disease .
The monetary funds were awarded to Moyer ’ s daughters as compensation for loss of parental companionship and pain and suffering , reports Law360 .
Moyer ’ s family reportedly argued that R . J . Reynolds and other tobacco companies purposefully downplayed the health risks associated with nicotine and manipulated their products to be more addictive to consumers .
A jury previously awarded a reported $ 3.1 million in compensatory damages to Moyer ’ s family in 2014 , while determining at the time that the deceased was 70 % at fault for the diseases that led to his death .
A new trial was granted by the trial court , however , after it was determined the defense had not been able to question a 31-member jury pool prior to excusing them for bias , reports Law360 .
The U . S . Food and Drug Administration banned six Vuse Altobrand e-cigarettes last October after finding the products were not proven to be appropriate for public health or that they had an added benefit for adults that outweighed their known risks to youth .