Millions of Americans under the age of 13 have created and used TikTok accounts without their parents' consent, according to the lawsuit, and the platform did not delete those accounts and associated personal information when asked by the children's parents, the lawsuit says.

The lawsuit claims the practices violate the Children’s Online Privacy Protection Act and a 2019 agreement struck between the U.S. government and TikTok in which the app agreed to take down videos from users under 13.

TikTok has, instead, allowed those under 13 to create "Kids Mode" accounts, which still provide some personal information on the users, without notifying parents or getting permission, the Justice Department claims in the complaint, filed with the federal court for the Central District of California.

The app also makes it easy for people to lie about their age, the lawsuit claims, by allowing them to create "age unknown" accounts or to re-start the sign up process with a new birthday if the app initially tries to open a Kids Mode account because the first birthday entered showed an age under 13.

The Justice Department asked the court to create a new permanent injunction barring TikTok from violating the Children’s Online Privacy Protection Act in the future and fine TikTok an unspecified amount for violating data laws surrounding children, as courts in the Netherlands, Ireland and the United Kingdom have done.

This is a developing story and will be updated.