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Wilson v. Triller Inc.

CFAA, VPPA Claims Dismissed; App's Disclosure of PII to Facebook, Appsflyer Not Alleged

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OPINION AND ORDER Plaintiff Tamara Wilson brings this class action against defendant Triller, Inc., alleging violations of state and federal law. Wilson claims that Triller’s popular social media application — a competitor to TikTok that allows users to create, share and view short-form video content — collects and retains personally identifiable information about its users, including viewing history associated with a purportedly anonymized unique identifier assigned to each user, that Triller then unlawfully discloses to third parties, namely Facebook and Appsflyer. These third parties allegedly combine the disclosures with additional information at their disposal to identify users individually. Before the Court is Triller’s motion to dismiss Wilson’s complaint pursuant to Fed. R. Civ. P. 12(b)(6). For the reasons that follow, Triller’s motion is granted, with prejudice in part and without prejudice in part, and Wilson is granted leave to amend her complaint. BACKGROUND I. Factual Allegations Defendant Triller, Inc., a Delaware corporation with its principal place of business in New York, “maintains and operates a popular social media application” (the “Triller App” or the “App”) “that allows users to view, share, upload, and create short videos.” 1.¹ “To post, comment, or like videos, or to watch certain content on the App, users must create a Triller account.”

8, 30. When creating an account, a user is presented with a screen, depicted below, that provides various ways to sign up for an account:

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