The leaders of a bipartisan congressional panel focused on China have requested the Federal Trade Commission to investigate whether TikTok violated laws aimed at protecting children in its advocacy against legislation that could potentially ban the app in the U.S. John Moolenaar and Raja Krishnamoorthi wrote a letter to the FTC asking for an examination of the pop-up messages TikTok sent to users in March as Congress fast-tracked a bill to force TikTok’s Chinese-based owner, ByteDance, to divest or face a nationwide ban. The leaders want to determine if TikTok breached the Children’s Online Privacy Protection Act by sending intrusive messages to users requesting personal information and urging them to contact Congress in opposition to the legislation.
As Congress moved towards passing the bill that could potentially ban TikTok, the app responded with pop-up messages encouraging users to call their representatives in Congress to stop a TikTok shutdown. An updated version of the bill was ultimately signed by President Joe Biden, requiring ByteDance to divest from TikTok within nine months to continue operating in the U.S. TikTok has pledged legal action that could delay any ban, noting that the pop-ups were exclusively sent to users 18 years and older, though lawmakers are concerned that children under 13 might have received them. The legislators are worried about personal information like ZIP codes being requested through the pop-ups, potentially violating the child privacy law updated in 2013.
Moolenaar and Krishnamoorthi have asked the FTC to investigate whether TikTok breached Section 5 of the FTC Act, which prohibits ‘‘unfair or deceptive acts’’ in commerce, referring to the pop-ups as “deceptive” due to the language used to describe the bill’s implications for the app. The lawmakers have raised concerns about TikTok’s influence campaign targeting Americans, including young children, and soliciting additional information about users’ locations upon accessing the app. The legislators believe TikTok may have violated children’s privacy laws in the past, and this joint investigation marks the first one opened under Moolenaar’s leadership of the panel following the resignation of the previous chairman, Mike Gallagher.
TikTok has defended its actions, stating that the notifications were directed at users 18 and older, with multiple options available to dismiss them. The app follows FTC guidelines regarding the ages of its users and removes accounts suspected to be under the age of 13. Despite TikTok’s claims, Moolenaar and Krishnamoorthi maintain their concerns about the pop-ups potentially violating child privacy laws and deceptive practices. The legislators want the FTC to thoroughly examine the situation and determine if TikTok’s actions were unfair or deceptive under Section 5 of the FTC Act.
The involvement of the bipartisan congressional panel in this investigation showcases a concerted effort to ensure that companies like TikTok are upholding laws meant to protect children’s privacy and prevent deceptive practices. Moolenaar and Krishnamoorthi’s letter to the FTC highlights their commitment to holding companies accountable for any potential violations and ensuring that children’s privacy rights are safeguarded. The outcome of the investigation will shed light on whether TikTok acted unlawfully in its handling of pop-up messages and the implications for children’s privacy and online safety. As the first joint investigation under Moolenaar’s leadership, this case sets a precedent for the panel’s dedication to oversight and regulation of tech companies operating in the U.S. market.
