TikTok agreed to pay $92 million to settle federal claims that it collected facial scans and other biometric data from millions of users without their consent or knowledge. A federal judge in Illinois approved this settlement on July 28, 2022, resolving more than 20 class action lawsuits that had been filed since 2019. If you used TikTok before October 2021, you may be eligible to claim compensation from this settlement, which affected approximately 89 million U.S. users.
This article explains what violations TikTok committed, who qualifies for payment, how much people are receiving, and what changes TikTok was forced to make to protect user privacy going forward. The settlement is significant because it addresses two major privacy laws: the Illinois Biometric Information Privacy Act (BIPA), which protects facial recognition data, and the federal Video Privacy Protection Act (VPPA), which controls how video viewing information can be shared. For Illinois residents specifically, the settlement provides an unusual advantage—they receive additional compensation shares on top of what other Americans get, potentially doubling or tripling their individual payouts. This settlement continues to process claims into 2025, meaning eligible users can still file claims to receive their portion of the settlement fund.
Table of Contents
- What Did TikTok Do Wrong Under Privacy Laws?
- How Much Money Are Class Members Receiving?
- Who Can Actually File a Claim?
- What Happened to the Biometric Data TikTok Collected?
- What Other Changes Must TikTok Make?
- How Does the Claims Process Work?
- What This Settlement Means for TikTok’s Future
What Did TikTok Do Wrong Under Privacy Laws?
TikTok violated the Illinois Biometric Information Privacy Act by secretly collecting facial scans and faceprints from users without obtaining explicit informed consent beforehand. The app used facial recognition technology as part of its filters and effects features—the AR tools that let users add bunny ears, change their face shape, or apply beauty filters. However, TikTok never disclosed that it was creating and storing permanent biometric data from these interactions, and it never asked users to opt in. This is precisely the type of conduct that BIPA was designed to prevent: companies collecting sensitive biometric identifiers in the background without users knowing. Beyond biometric data, TikTok also violated the Video Privacy Protection Act by disclosing personally identifiable information about which videos users had watched without proper authorization.
The VPPA has been federal law since 1988 and specifically restricts how companies can handle video rental and viewing history. TikTok’s violation meant that information about users’ viewing habits was being shared or disclosed in ways that went beyond what the law permits. For example, if the app shared data showing that a specific user watched videos about political topics or medical information, that type of disclosure violated the VPPA’s protections. The core issue with both violations is that TikTok operated in the shadows—users had no real opportunity to understand what data was being collected, how it would be stored, or who might access it. The company did not provide the transparency that privacy laws require.
How Much Money Are Class Members Receiving?
The $92 million settlement is divided among approximately 89 million class members, which means the average payment per person is relatively modest—typically in the range of $10 to $100 per person, depending on how many people file claims and how the settlement fund is distributed. The exact amount each person receives depends on several factors, including whether they opt in to the settlement, when they submit their claim, and whether they are an Illinois resident. one critical limitation is that not all eligible users will receive the same amount; the settlement administrators calculate pro-rata shares, meaning if fewer people claim money, each claim receives a larger portion. For Illinois residents, there is a significant advantage built into the settlement structure. Illinois residents receive the same pro-rata share as other Americans, plus five additional shares each.
This means an Illinois resident could potentially receive five times more than a non-Illinois resident from the same settlement fund. For example, if the average payment nationwide is $50 per person, an Illinois resident who filed a claim might receive around $300 by combining their base share with the five bonus shares. This boost exists because Illinois has historically enforced BIPA more aggressively than federal law alone requires, and the settlement acknowledges that extra protection. However, there is a catch: the total settlement fund is fixed at $92 million. As more people file claims, the total amount available per claimant shrinks. Someone who files a claim immediately may receive substantially more than someone who waits months or years, since the settlement fund is divided among all claimants who submit valid claims.
Who Can Actually File a Claim?
You are eligible to claim money from this settlement if you had a TikTok account at any point before October 2021. This is a broad definition—it includes people who created an account but never used it regularly, people who used TikTok heavily for years, and people who deleted their accounts long ago. The settlement class covers all U.S. residents whose TikTok accounts existed during the period when the biometric data collection and video tracking violations were occurring. The settlement class of approximately 89 million users is enormous, which reflects how many Americans have tried TikTok over the years.
Within that group, Illinois residents made up approximately 1.4 million of the class members. To claim compensation, you must submit a claim form through the settlement administrator’s website, which typically requires you to verify that you had a TikTok account before the cutoff date. Some claims may require additional documentation, particularly if you cannot prove you had an account or if the settlement administrator questions your eligibility. One important warning: you cannot claim money from this settlement if your TikTok account was created after October 2021. The settlement only covers biometric data collection that occurred before that date, even though TikTok’s practices may not have changed. Additionally, if you previously opted out of this settlement class during the opt-out period that followed the initial settlement approval, you cannot now join the class and claim money.
What Happened to the Biometric Data TikTok Collected?
As part of the settlement, TikTok was ordered to delete all pre-uploaded user-generated content that users had not themselves saved or posted to their public profiles. This means TikTok had to purge biometric data it had collected from photos, videos, and selfies that users had uploaded for the purpose of testing filters or effects but had not chosen to share publicly. In practical terms, if you tried on a beauty filter and deleted the video without posting it, TikTok was supposed to remove the biometric scan it had created from that deleted video. However, it is important to understand that deletion orders in these types of settlements are often imperfect. TikTok may have backup copies of data, archived versions, or copies stored in multiple locations.
While the settlement requires TikTok to certify that it has deleted the data, there is no independent verification mechanism that would allow you to confirm the data was truly and permanently destroyed. Many privacy advocates argue that these deletion obligations are only as strong as the company’s commitment to actually destroying the data—and companies have financial incentives not to delete useful information. Going forward, TikTok is prohibited from collecting facial scans and biometric data without explicit disclosure and user consent. The app must inform users that it is collecting biometric information, explain what it will do with that information, and allow users to opt out. This is a significant operational change for TikTok, since facial recognition features are popular on the platform.
What Other Changes Must TikTok Make?
Beyond the deletion of existing biometric data, the settlement imposed a broad set of injunctive relief requirements—legal obligations that TikTok must follow going forward or face contempt of court penalties. TikTok must cease collecting geolocation and GPS data without disclosing the practice to users and obtaining their consent. It must stop collecting clipboard information, which is data about what users have copied to their device’s clipboard—a surveillance technique that some apps have used to monitor user behavior across different applications. TikTok is also required to stop transmitting U.S. user data outside the United States and cease storing user data in foreign databases. This requirement emerged from concerns that TikTok, owned by the Chinese company ByteDance, could be compelled by the Chinese government to provide access to American user data.
The settlement does not require TikTok to move its entire database out of China, but it does prohibit storing personal information about U.S. users in foreign locations where the Chinese government might reach it. This is one of the most significant operational restrictions in the settlement because data infrastructure is expensive and difficult to relocate. Additionally, TikTok must implement employee and contractor training programs on data privacy law compliance. The idea behind this requirement is that privacy violations often result from corporate culture and lack of awareness among the people building products and managing data. By mandating training, the settlement attempts to create a compliance mindset within the company. However, critics argue that training alone is insufficient—companies can train employees and still prioritize profit over privacy if the incentive structure remains unchanged.
How Does the Claims Process Work?
To receive payment from this settlement, you typically must file a claim through the settlement administrator’s website. The process usually involves filling out an online form where you provide your name, contact information, and evidence that you had a TikTok account before October 2021. Some claimants are asked to provide additional documentation, such as screenshots of their old account, email confirmations of account creation, or other proof. The settlement administrator then reviews claims to verify eligibility before approving payments.
The timeline for receiving payment after you file a claim can vary significantly. Some claims are approved and paid out within weeks, while others take months if additional documentation is requested or if the settlement administrator suspects fraud. The entire settlement is expected to continue processing claims through at least 2025, meaning you may still be able to file a claim several years after the initial settlement approval. However, there is typically a deadline to file claims—usually a few years after the settlement becomes final—so delaying too long could result in losing your eligibility.
What This Settlement Means for TikTok’s Future
This settlement represents a high-profile victory for privacy advocates, but it also reveals the limits of privacy litigation in the United States. The $92 million payout sounds large in absolute terms, but when divided among 89 million people, it means most individuals receive very little money—often less than what they might have earned by working for 30 minutes at minimum wage. From TikTok’s perspective, paying $92 million to settle claims affecting 89 million users costs roughly $1 per user, which is far less than the company’s annual revenue.
This economic reality creates a perverse incentive: companies may calculate that violating privacy laws and paying settlements is cheaper than building privacy protections into products from the start. Going forward, this settlement may influence how other social media companies handle biometric data and video tracking, particularly in Illinois and other states with aggressive privacy laws. The fact that Illinois residents received bonus compensation may encourage other states to pass stronger biometric privacy laws similar to BIPA, creating a patchwork of different rules that companies must navigate. At the federal level, Congress has not passed comprehensive privacy legislation covering all Americans, so enforcement through class action lawsuits like this one remains the primary mechanism for holding companies accountable.