Well, here’s a new one. Do you have TikTok on your site? If so, and if you’re not cautious, the clock may be tick-tocking its way to an unpleasant lawsuit aimed directly at your business.

Companies have received correspondence from settlement-chasing lawyers claiming that they violated California’s Invasion of Privacy Act.

Seems a new law in sunny CA prohibits the installation of “trap and trace” devices without the presence of a court order. “Trap and trace” is defined as “a device or process that captures the incoming electronic or other impulses that identify the originating number or other dialing, routing, addressing, or signaling information reasonably likely to identify the source of a wire or electronic communication, but not the contents of a communication.”

Correspondences claim that a TikTok beacon being employed on the defendant’s site is being used to identify the source of communications, including identity and geolocation – or, in their parlance, trapping and tracing.

We’ve written about unscrupulous legal entanglements in the past. In this particular situation, however, well-meaning laws and regulations are being exploited by lawyers targeting small, unsuspecting businesses that have unwittingly failed to meet the standards of such laws. They pressure these unassuming business owners into shelling out a settlement—in this case to the tune of $5,000. (The aforementioned letters close with a threat to seek statutory damages, at $5K per violation, if a settlement is not reached.) For these lawyers, it’s a business model. Nothing more. Find a person who can claim “harm” from a business’s non-compliance, threaten litigation, and collect an easy payday in the form of a settlement. Then, rinse and repeat. Possibly thousands of times.

Ugh.

So, what can you do?

Well, for starters, be aware. Your business can still be found in violation of California’s Invasion of Privacy Law if it engages in communications with that state’s residents, even if your operations are not physically located in the state.

We must stress, we are in no way offering legal advice. That’s your lawyer’s role. If you are on the receiving end of any kind of threatening email or letter, consult with your legal team before taking any action whatsoever.

If you are integrating TikTok in any capacity on your site – do your due diligence and make certain its usage does not violate privacy laws. When embarking on any endeavor, make sure you have the necessary permissions and are crossing all t’s and dotting all i’s before making changes to your site.

Stay current, too. It’s an uphill battle, for sure, but laws and compliance regulations are always on the move – and if you’re going to be in business, you must find a way to keep pace. Consider consulting your digital marketing partner and other professionals who can help you cut through the weeds.

Those darn trolls are always going to be lurking under bridges built with the best intentions. But walk tall and keep your eyes open—and ask for help when needed—and you’ll make it to the other side.