Case: 1:20-cv-02889 Document #: 1 Filed: 05/13/20 Page 1 of 14 PageID #:1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

L.B., a minor, by and through his or her legal

guardian, MOLLY JANIK, individually, and
on behalf of all others similarly situated, Case No.

Plaintiff,

v.

TIKTOK, INC., and BYTEDANCE, INC.,

Defendants. JURY TRIAL DEMANDED

CLASS ACTION COMPLAINT

Plaintiff L.B., a minor, by and through his or her legal guardian, MOLLY JANIK,

individually, and on behalf of all others similarly situated, by and through counsel, brings this

action against Defendants TIKTOK, INC. and BYTEDANCE, INC. (collectively “Defendants”),

and alleges as follows based on information and belief, except as to allegations specifically

pertaining to Plaintiff, which are made upon personal knowledge:

INTRODUCTION

1. Defendants own and operate the popular video-sharing social media application

“TikTok,” an app that allows users to make and share short videos.

2. Despite only becoming available in the United States in late 2018, TikTok was the

seventh most-downloaded app of the 2010s,1 and was the most-downloaded app in the United

States in January 2020, having been downloaded 7.7 million times that month.2

1
See Alison DeNisco Rayome, 10 Most-Downloaded Apps of the 2010s: Facebook Dominates the Decade,
CNET (Dec. 16, 2019), available at: https://www.cnet.com/news/10-most-downloaded-apps-of-the-decade-
facebook-dominated-2010-2019.
2
See TikTok is No. 1! Beats Facebook, Instagram to Become Most Downloaded App in US, BUSINESS
TODAY (Feb. 27, 2020), available at: https://www.businesstoday.in/latest/trends/tiktok-is-no1-beats-
facebook-instagram-to-become-most-downloaded-app-in-us/story/397056.html
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3. TikTok is especially popular with teenagers and young adults. Approximately half

of all users on Apple devices, and approximately 60% of users on Android devices, are between

13 and 24 years old.3

4. Part of the reason for TikTok’s popularity, particularly with younger users such as

Plaintiff, are the filters and other effects users can apply to their own videos, as well as those

uploaded by others. In order to utilize many of these effects, Defendants scan users’ faces and

“face geometry” to capture their biometric data, as well as to determine the user’s age using an

algorithm.

5. In collecting and utilizing Plaintiff’s and the Class’ biometric identifiers4 and

biometric information5 (referred to collectively at times as “biometrics”), Defendants fail to: (1)

warn users that the app captures, collects, and stores their biometric data; (2) inform users of the

purpose or length of time that they collect, store, and use biometric data; (3) obtain users’ written

consent to capture their biometric data; and (4) implement and/or make publicly available a written

policy disclosing to users its practices concerning the collection, use, and destruction of their

biometric information in violation of the Illinois Biometric Information Privacy Act (“BIPA”),

740 ILCS 14/1, et seq.

6. The Illinois General Assembly found that “[b]iometrics are unlike other unique

identifiers that are used to access finances or other sensitive information.” 740 ILCS 14/5(c).

“For example, social security numbers, when compromised, can be changed. Biometrics,

however, are biologically unique to the individual; therefore, once compromised, the individual

3
See Sahil Patel, Hearst now has both Seventeen and Cosmo on up-and-coming app Musical.ly, DIGIDAY
(Mar. 7, 2018), available at: https://digiday.com/media/seventeen-hearst-brings-cosmopolitan-musical-ly.
4
A “biometric identifier” is any personal feature that is unique to an individual, including fingerprints, iris
scans, DNA and “face geometry”, among others. See 740 ILCS 14/10.
5
“Biometric information” is any information captured, converted, stored or shared based on a person’s
biometric identifier used to identify an individual. See 740 ILCS 14/10.

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has no recourse, is at heightened risk for identity theft, and is likely to withdraw from biometric-

facilitated transactions.” Id.

7. In recognition of these concerns over the security of individuals’ biometrics, the

Illinois General Assembly enacted BIPA, which provides, inter alia, that private entities like

Defendants may not obtain and/or possess an individual’s biometrics unless it: (1) informs that

person in writing that biometric identifiers or information will be collected or stored, see id. at

14/15(b); (2) informs that person in writing of the specific purpose and length of term for which

such biometric identifiers or biometric information is being collected, stored and used, see id.;

(3) receives a written release from the person for the collection of his or her biometric identifiers

or information, see id.; and (4) publishes publically available written retention schedules and

guidelines for permanently destroying biometric identifiers and biometric information, see 740

ILCS 14/15(a).

8. Accordingly, Plaintiff, individually, and on behalf of all others similarly situated,

brings this action to enjoin, and recover damages stemming from, Defendants’ BIPA violations.

JURISDICTION AND VENUE

9. This Court has subject matter jurisdiction of this action pursuant to 28 U.S.C.

§ 1332(d)(2), the Class Action Fairness Act of 2005, because: (i) there are 100 or more Class

members, (ii) there is an aggregate amount in controversy exceeding $5,000,000, exclusive of

interest and costs, and (iii) there is minimal diversity because at least one plaintiff and one

defendant are citizens of different States. This Court has supplemental jurisdiction over the state

law claim pursuant to 28 U.S.C. § 1367.

10. This Court has personal jurisdiction over Defendants because Defendant

ByteDance is registered to do business in Illinois, Defendants have purposefully availed

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themselves of the benefits and protections of Illinois by continuously and systematically

conducting substantial business in this judicial district, and have significant, continuous, and

pervasive contacts with the State of Illinois. Plaintiff’s cause of action arises out of Defendants’

contacts with the State of Illinois.

11. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391 because

Defendants transact business in this District, are subject to personal jurisdiction in this District,

and a substantial part of the events giving rise to the claims occurred in this District.

PARTIES

12. Plaintiff L.B., a minor, is and was at all relevant times an Illinois resident.

Plaintiff’s Guardian, MOLLY JANIK, was also, at relevant times, and is through the date of this

filing an Illinois resident. Defendants scanned Plaintiff’s facial geometry through Plaintiff’s use

of the TikTok app.

13. Plaintiff L.B. is a 17-year-old minor and has, within the applicable statute of

limitations, uploaded and posted videos to TikTok that include images of his or her face, and his

or her face has appeared in other users’ uploaded videos. Plaintiff has uploaded videos, and/or

Plaintiff's face has appeared in videos uploaded by other users, employing TikTok's face sticker,

face filter, and face tracker lens technology.

14. Through these videos, Defendants have collected and stored Plaintiff's unique

biometric identifiers or biometric information. Upon information and belief, Defendants have

disclosed and/or disseminated these biometric identifiers or biometric information to third parties.

15. Defendant BYTEDANCE, INC. is a Delaware corporation with its principal place

of business located at 3000 El Camino Real, Building 2, Suite 400, Palo Alto, California 94306.

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16. Defendant TIKTOK, INC. is a California corporation with its principal place of

business located at 5800 Bristol Pkwy, Culver City, California 90230.

GENERAL FACTUAL ALLEGATIONS

Illinois Biometric Information Privacy Act

17. The global market for biometric technologies is growing at an exponential rate due

to the increasing penetration of biometric-enabled consumer devices such as smartphones, tablets,

speakers, and applications among consumers worldwide.

18. Biometrics also have become an integral part of application-based entertainment.

Hundreds of smartphone apps utilize augmented reality (AR) technology to enhance the user

experience, and apps that allow users to experience or add AR-related visual effects to photographs

and videos utilize biometric identifiers such as scans of users’ face geometry in connection with

those features.

19. Despite the growing use of biometrics, “the full ramifications of biometric

technology are not fully known.” 740 ILCS 14/5(f).

20. As such, the Illinois Legislature enacted BIPA in 2008 to regulate the “collection,

use, safeguarding, handling, storage, retention, and destruction of biometric identifiers and

information[,]” 740 ILCS 14/5(g), which includes a “scan of . . . face geometry.” 740 ILCS 14/10.

21. Biometric information includes “any information, regardless of how it is captured,

converted, stored, or shared, based on an individual’s biometric identifier used to identify an

individual.” 740 ILCS 14/10.

22. BIPA requires that any private entity in possession of biometric identifiers or

biometric information develop and make publicly available a written policy regarding the retention

and permanent destruction of biometric identifiers and biometric information. Biometric

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identifiers and biometric information must be permanently destroyed “when the initial purpose for

collecting or obtaining such identifiers or information has been satisfied or within 3 years of the

individual’s last interaction with the private entity, whichever occurs first.” 740 ILCS 14/15(a).

23. BIPA further obligates any private entity that collects, captures, purchases,

receives, or otherwise obtains a person’s biometric identifiers or biometric information, first to

1) inform the person or their legally authorized representative that biometric identifiers or

biometric information is being collected; 2) inform the person or their legally authorized

representative of the specific purpose and length of time that the biometric identifiers or biometric

information is collected, stored, and used; and 3) obtain written consent from the person or their

legally authorized representative to collect, capture, receive, store, and use the person’s biometric

identifiers or biometric information, 740 ILCS 14/15(b), and to store, transmit, and protect from

disclosure biometric identifiers or information in conformity with the reasonable standard of care

for the industry, and in the same or more protected manner that it stores, transmits, and protects

other confidential and sensitive information. 740 ILCS 14/15(e).

24. BIPA also prohibits private entities from selling, leasing, trading, or otherwise

profiting from, 740 ILCS 14/15(c), and from disclosing, redisclosing, or otherwise disseminating

a person’s biometric identifiers or biometric information without obtaining informed, written

consent from that person or their legally authorized representative. 740 ILCS 14/15(d)(1).

25. In recognition of the sanctity and critical importance its citizens’ biometric

information, the Illinois General Assembly expressly authorized a private right of action for any

person aggrieved by a violation of BIPA, and entitles the party to recover 1) the greater of actual

damages or $1,000 per negligent violation; 2) the greater of actual damages or $5,000 per

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intentional or reckless violation; 3) attorneys’ fees and costs; and 4) injunctive relief. 740 ILCS

14/20.

The TikTok App

26. TikTok, originally called Douyin, is an app created by ByteDance and first made

available in China in 2016.

27. In November 2017, ByteDance purchased the app “musical.ly” for more than $1.1

billion. Musical.ly, which was a social media application that allowed users to share short lip-

synching videos, was first available in the United States in 2014. In 2018, Defendants merged the

TikTok and musical.ly apps into a single application under the TikTok name.

28. In order to create and send videos, an individual must create a TikTok profile. In

order to create a TikTok profile, the user must register the profile using either his or her phone

number or email address, or through the user’s Facebook, Google, or Twitter account.

29. Users can create videos up to 1 minute in length, and share the videos with other

users through the TikTok app.

30. By default, TikTok profiles are set to “public,” which allows anyone to see the

user’s profile, username, and videos. Users can set their TikTok profile to “private” to ensure their

private profiles and videos do not appear in searches of TikTok content. However, a user with a

private profile may access all of TikTok’s functions and features, and can share videos directly

with friends through the app.

31. Users also may utilize numerous features, or “effects,” that Defendants made

available within the application. The features and effects for videos range from simply slowing

the speed of the video, to replacing the user’s face with animated emojis that replicate the motions

of the user’s face.

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32. Many of the features and effects require scanning the user’s face geometry in order

to place effects over the user’s face, swap the user’s face for an emoji or other individual’s faces,

or enhance aspects of their facial features.

33. But Plaintiff and similarly situated users place themselves at risk when they utilize

TikTok features that require access to users’ biometric identifiers and/or information. TikTok

acknowledges that it shares personal information that it collects from users with third parties,

including entities in China.6 Multiple U.S. military branches and the Transportation Security

Administration have banned use of TikTok due to privacy and cybersecurity concerns.7

34. TikTok, and its predecessor musical.ly, also have a long history of exploiting the

millions of minors that make up the lion’s share of TikTok’s user base. In 2019, the Federal Trade

Commission settled a case against TikTok and musical.ly for violating the Children’s Online

Privacy Protection Act by improperly collecting personal information from children under 13 years

old without their parents’ consent.8 The FTC fined Defendants $5.7 million, the largest COPPA

fine in the FTC’s history.

35. In response to complaints regarding children under 13 years old using the app,

TikTok implemented a feature that scans the user’s face to determine if he or she appears to be 13

years old or younger. TikTok compares the geometry and features of the individual’s face to an

algorithm to determine his or her age.

6
See Rebecca Jennings, What’s going on with TikTok, China, and the US Government?, VOX (Dec. 16,
2019), available at: https://www.vox.com/open-sourced/2019/12/16/21013048/tiktok-china-national-
security-investigation.
7
See Mary Meisenzahl, US Government Agencies are Banning TikTok, the Social Media App Teens are
Obsessed with, over Cybersecurity Fears, BUSINESS INSIDER (Feb. 25, 2020), available at:
https://www.businessinsider.com/us-government-agencies-have-banned-tiktok-app-2020-2.
8
See Lesley Fair, Largest FTC COPPA Settlement Requires Musical.ly to Change its Tune, FEDERAL
TRADE COMMISSION (Feb. 27, 2019), available at: https://www.ftc.gov/news-events/blogs/business-
blog/2019/02/largest-ftc-coppa-settlement-requires-musically-change-its.

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36. Additionally, many of TikTok’s features and video effects require scanning the

user’s face to superimpose filters or effects over the user’s face. For example, by scanning the

user’s face, TikTok can replace the user’s face with an emoji that moves the emoji’s mouth when

the user talks and blinks when the user blinks, swap a user’s face with another user’s face, or place

digital stickers over the user’s face that move when the user moves.

37. Defendants collect, capture, and otherwise obtain Plaintiff’s and Class members’

biometric identifiers and biometric information in connection with these practices.

38. In contravention of BIPA, however, Defendants failed and continue to fail to

implement and/or make publicly available a written policy regarding the purpose(s) for which they

collect or obtain users’ biometric identifiers or biometric information, or their schedule for the

retention and permanent destruction of users’ biometric identifiers or biometric information.

39. Defendants also failed and continue to fail to inform users that Defendants collect,

capture, obtain, use, and store users’ biometric identifiers and biometric information, as well as

the specific purpose and length of time for which they collect, store and use biometric identifiers

or biometric information.

40. Critically, Defendants also failed and continue to fail to obtain from users written

executed releases permitting them to collect, capture, obtain, use, or store their biometric

identifiers or biometric information.

41. On information and belief, Defendants sell, lease, trade, or otherwise profit from

users’ biometric identifiers or biometric information.

42. On information and belief, Defendants share, disclose, or otherwise disseminate

users’ biometric identifiers or biometric information to third parties without obtaining consent

from users to do so.

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43. As a direct and proximate result of Defendants’ conduct, Plaintiff and Class

members have suffered damages, including but not limited to, the unauthorized collection, use,

disclosure, and dissemination of their personal biometric identifiers or biometric information; the

loss of the right to maintain and control their biometric privacy; and the increased risk of identity

theft.

CLASS ALLEGATIONS

44. Plaintiff brings this action, individually, and on behalf of a class of similarly

situated Illinois residents, pursuant to Federal Rule of Civil Procedure 23(a), 23(b)(2), and/or

23(b)(3), defined as follows:

All Illinois residents who created a TikTok or musical.ly account, or who

used the TikTok or musical.ly applications, when 14 to 17 years old, and
their parents and/or legal guardians.

45. Excluded from the Class(es) are: (a) Defendants; (b) Defendants’ affiliates, agents,

employees, officers and directors; and (c) the judge assigned to this matter, the judge’s staff, and

any member of the judge’s immediate family.

46. Numerosity: Upon information and belief, the Class is so numerous that joinder of

all members is impracticable. While the exact number and identity of individual members of the

Class are unknown at this time, such information being in the sole possession of Defendants and

obtainable by Plaintiff only through the discovery process. Plaintiff believes, and on that basis

alleges, that the Class consists of hundreds of thousands of people. The number of Class members

can be determined based on Defendants’ records.

47. Commonality: Common questions of law and fact exist as to all members of the

Class. These questions predominate over questions affecting individual Class members. These

common legal and factual questions include, but are not limited to:

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a. Whether Defendants collect, capture, or otherwise obtain Plaintiff’s and

Class members’ biometric identifies or biometric information;

b. Whether Defendants inform Plaintiff and Class members that they capture,
collect, or otherwise obtain their biometric identifiers or biometric
information;

c. Whether Defendants implemented and made public a written policy

regarding the collection, retention, and permanent destruction of Plaintiff’s
and Class members’ biometric identifiers and biometric information;

d. Whether Defendants inform Plaintiff and Class members of the specific

purpose and length of time that their biometric identifiers or biometric
information is collected, used, or stored;

e. Whether Defendants obtained a written executed release from Plaintiff and

Class members to collect, capture, use, store, share, disclose, or otherwise
disseminate their biometric identifiers or biometric information;

f. Whether Defendants intentionally or recklessly violated the provisions of

BIPA; and

g. Whether Plaintiff and Class members are entitled to declaratory and

injunctive relief to enjoin Defendants’ violations of BIPA.

48. Typicality: Plaintiff has the same interest in this matter as all Class members, and

Plaintiff’s claims arise out of the same set of facts and conduct as the claims of all Class members.

Plaintiff’s and Class members’ claims all arise out Defendants’ uniform conduct.

49. Adequacy: Plaintiff has no interest that conflicts with the interests of the Class, and

is committed to pursuing this action vigorously. Plaintiff has retained counsel competent and

experienced in complex consumer class action litigation. Accordingly, Plaintiff and counsel will

fairly and adequately protect the interests of the Class.

50. Superiority: A class action is superior to all other available means of fair and

efficient adjudication of the claims of Plaintiff and members of the Class. The injury suffered by

each individual Class member is relatively small compared to the burden and expense of individual

prosecution of the complex and extensive litigation necessitated by Defendants’ conduct. It would

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be virtually impossible for members of the Class individually to redress effectively the wrongs

done to them. Even if the members of the Class could afford such individual litigation, the court

system could not. Individualized litigation increases the delay and expense to all parties, and to

the court system, presented by the complex legal and factual issues of this case. Individualized

rulings and judgments could result in inconsistent relief for similarly-situated individuals. By

contrast, the class action device presents far fewer management difficulties, and provides the

benefits of single adjudication, economy of scale, and comprehensive supervision by a single

court.

51. Defendants have acted or refused to act on grounds generally applicable to the

Class, thereby making appropriate final injunctive relief and corresponding declaratory relief with

respect to the Class as a whole.

COUNT I
VIOLATION OF THE BIOMETRIC PRIVACY INFORMATION ACT
740 ILCS 14/1, et seq.

52. Plaintiff realleges and incorporates by reference all paragraphs as through fully set

forth herein.

53. Each Defendant is a “private entity” under BIPA. 740 ILCS 14/10.

54. Defendants collected, captured, or otherwise obtained Plaintiff’s and Class

members’ biometric identifiers and/or biometric information through the TikTok app.

55. Defendants failed and continue to fail to implement and make publicly available a

written policy regarding a retention schedule and guidelines for the permanent destruction of

Plaintiff’s and Class members’ biometric identifiers or biometric information.

56. Defendants failed and continue to fail to inform Plaintiff, Class members, or their

legally authorized representatives in writing that Plaintiff’s and Class members’ biometric

identifiers and biometric information are being collected or stored.

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57. Defendants failed and continue to fail to inform Plaintiff, Class members, or their

legally authorized representatives of the specific purpose and length of time that Plaintiff’s and

Class members’ biometric identifiers and biometric information are being collected, store, and

used.

58. Defendants failed and continue to fail to obtain a written executed release from

Plaintiff, Class members, or their legally authorized representatives to collect Plaintiff’s and Class

members’ biometric identifiers and biometric information.

59. Defendants disclosed or otherwise disseminated Plaintiff’s and Class members’

biometric identifiers and biometric information without obtaining Plaintiff’s, Class members’, or

their legally authorized representatives’ consent to disclose or disseminate Plaintiff’s and Class

members’ biometric identifiers and biometric information.

60. On information and belief, Defendants intentionally and/or recklessly violated the

provisions of BIPA.

61. As a direct and proximate result of the foregoing, Plaintiff and Class members

suffered and will continue to suffer damages.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff, individually and on behalf the Class, respectfully requests that

the Court:

A. Determine that the claims alleged herein may be maintained as a class action
under Rule 23 of the Federal Rules of Civil Procedure, and issue an order
certifying the Class as defined above;

B. Appoint Plaintiff as the representative of the Class and Plaintiff’s counsel

as Class Counsel;

C. Award all actual, general, special, incidental, statutory, punitive, and

consequential damages to which Plaintiff and Class members are entitled;

D. Award pre-judgment and post-judgment interest on such monetary relief;

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E. Grant appropriate injunctive and/or declaratory relief, including, without

limitation, an order that requires Defendants to refrain from capturing,
collecting, using, storing, disclosing, or disseminated Plaintiff’s and Class
members’ biometric identifiers or biometric information without obtaining
their express written consent, and permanently destroying Plaintiff’s and
Class members’ biometric identifiers and biometric information;

F. Award reasonable attorney’s fees and costs; and

G. Grant such further relief that this Court deems appropriate.

JURY DEMAND

Plaintiff, individually and on behalf of the putative Class, demands a trial by jury on all

issues so triable.

Dated: May 13, 2020 Respectfully submitted,

/s/ Daniel O. Herrera

Jennifer W. Sprengel
Daniel O. Herrera
Nickolas J. Hagman
CAFFERTY CLOBES MERIWETHER
& SPRENGEL LLP
150 S. Wacker, Suite 3000
Chicago, Illinois 60606
Telephone: 312-782-4880
Facsimile: 318-782-4485
[email protected]
[email protected]
[email protected]

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