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Andrew Lustigman Quoted in The Legal Examiner on the Class Action Lawsuit Filed Against TikTok

August 13, 2020

Andrew Lustigman, head of Olshan’s Advertising, Marketing & Promotions Practice Group, was quoted in The Legal Examiner on the recent class action lawsuit filed against TikTok by a group of parents who are suing the social media app under allegations that it illegally collects and shares identification information to send to China. “The lawsuits allege a variety of theories,” Mr. Lustigman explains, “primarily claims that the app failed to provide sufficient notice of its actual data collection and sharing practices, some of which are echoed in the comments of the President. In particular, at least one group of claimants allege that the app saves and distributes internally videos that were not uploaded by the user, who presumably thought that by deleting the videos they would not be shared.” He adds that the Illinois resident plaintiffs claim that the app failed to comply with the Illinois Biometric Identification Act, “which requires consent before collecting, among other things, voice prints. A proposed Illinois subclass has been sought. The law creates a significant exposure, as each violation is at least $1,000. Facebook recently settled a class action under the Illinois privacy law for $650 million, which was approved last month.”


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