Class Action Lawsuits Allege Nike, Converse, Livongo Share Website Users’ Private Info with TikTok

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Nike, Converse and the company behind Livongo face proposed class action lawsuits over their alleged use of tracking software to share website users’ personal information with TikTok.

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The nine-page lawsuits claim the defendants use software created by TikTok on their respective websites—Nike.com, Converse.com and Livongo.com—that instantaneously collects and transmits a user’s phone number, as well as data about their device, browser, location, how they found the websites and which webpages they view.

According to the complaints, the software also determines the identity of visitors through a process known as “fingerprinting.”

“Put simply,” the cases relay, “the TikTok software collects as much data as it can about an otherwise anonymous visitor to the website and matches it with existing data TikTok has acquired and accumulated about hundreds of millions of Americans.”

“Additionally, when the website asks for information, such as name, date of birth, and address, the information is sent simultaneously to TikTok, so that TikTok can isolate with certainty the individual to be targeted,” says the class action suit filed against Livongo’s parent company, Teladoc Health.

The filings contend that the website operators have violated consumers’ privacy rights by failing to secure their consent before allowing a third party to “eavesdrop[]” on their online communications. The complaints also accuse Nike, Converse and Teladoc of violating a California law that prohibits the use of a “trap and trace device”—that is, a tool that records information about the source of incoming communications to a phone or computer—without first obtaining a court order, as required.

The Nike lawsuit looks to represent anyone in California who, during the applicable statute of limitations period, had their information sent to TikTok by Nike.com through the TikTok software.

The Converse lawsuit seeks to represent anyone in California who, during the applicable statute of limitations period, communicated with the footwear company via the chat feature on Converse.com using their cell phone or landline and whose communications were recorded and/or eavesdropped upon without prior consent.

The Livongo lawsuit seeks to cover anyone in California who, during the applicable statute of limitations period, had their chats on Livongo.com transcribed by third parties and/or had their identifying information sent to TikTok.

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