Bloomberg Law
Free Newsletter Sign Up
Login
BROWSE
Bloomberg Law
Welcome
Login
Advanced Search Go
Free Newsletter Sign Up

TikTok $92 Million Privacy Deal Inadequate, Class Objector Says

April 15, 2022, 5:36 PM

A proposed $92 million TikTok privacy settlement shouldn’t receive final approval because of its low rate of class members filing claims to be included in the award and high attorneys’ fees, an objector is arguing in Illinois federal court.

A mere 1.4% claims rate illustrates a deficient notice plan to class members, Dennis Litteken argued in an opposition to final approval of the class action settlement filed Thursday in the U.S. District Court for the Northern District of Illinois.

Attorneys representing TikTok didn’t immediately respond to a request for comment.

Judge John Z. Lee preliminarily approved in September the settlement for a class comprising about 89 million U.S. residents who used the app and an Illinois subclass of approximately 1.4 million people for alleged violations of the state’s Biometric Information Privacy Act.

The deal would resolve claims TikTok illegally scanned and retained the “facial geometry” and biometric information of app users.

“As recent trends in class action claims rates make clear, this poor showing is far below the double-digit participation rates that should have occurred had Class Counsel cared to put in the effort,” attorneys representing Litteken wrote.

Class counsel has requested one-third of the fund, amounting to over $30 million in attorneys’ fees, despite the small claims rate and lack of meaningful relief, Litteken added.

The case is pending before Lee and Judge Sunil R. Harjani.

Edelson P.C. represents Litteken. Wilson Sonsini Goodrich & Rosati PC represents TikTok.

The case is In re TikTok Inc. Consumer Privacy Litig., N.D. Ill., No. 1:20-cv-4699, opposition to final settlement approval 4/14/22.

To contact the reporter on this story: Jake Holland in Washington at jholland@bloombergindustry.com

To contact the editor responsible for this story: Jay-Anne B. Casuga at jcasuga@bloomberglaw.com