A federal judge has partially granted ByteDance’s motion to dismiss class action claims regarding its CapCut video editing app, while allowing certain privacy and biometric data collection allegations to proceed. The ruling, issued by U.S. District Court Judge Georgia Alexakis in the Northern District of Illinois, permits plaintiffs to continue pursuing claims that CapCut violated California privacy standards through its collection of user data.
The lawsuit, initially filed in July 2023, alleges that ByteDance and its subsidiaries improperly collected various types of user data, including photos, videos, location information, and biometric data. While Judge Alexakis dismissed federal claims and some state claims without prejudice, she rejected ByteDance’s argument for complete dismissal, noting that the extent of users’ awareness of privacy terms remains unclear.
Lead plaintiffs Evelia Rodriguez of California and Erikka Wilson of Illinois claim that ByteDance “unjustly profits from the secret harvesting” of user data, which they allege is used for targeted advertising, artificial intelligence development, and other products. Rodriguez specifically stated that while attempting to combine two photos, the app gained unauthorized access to all photos and videos on her device.
ByteDance’s defense centers on the transparency of its data collection practices, with the company asserting that these practices were clearly disclosed through its privacy policy. However, Judge Alexakis found this argument premature, given that CapCut’s privacy disclosures have evolved over time.
This case follows a pattern of privacy-related legal challenges for ByteDance. The company has previously faced similar litigation regarding its TikTok platform, particularly concerning biometric data collection under Illinois’ Biometric Information Privacy Act (BIPA).
The ruling allows plaintiffs to amend and refile their dismissed claims, while proceeding with allegations related to California privacy standards violations. The news represents a significant milestone in ongoing scrutiny of tech companies’ data collection practices, particularly those with international operations.
Source: Law360
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March 10, 2025 – by the ID Tech Editorial Team
