The phrase “how am i able to sue tiktok” represents a question relating to the authorized pathways and stipulations for initiating a lawsuit in opposition to the social media platform, TikTok. It encompasses a broad vary of potential authorized actions, from disputes over mental property to considerations about information privateness violations or allegations of hurt ensuing from content material disseminated on the platform. A hypothetical instance entails a person claiming their copyrighted materials was used with out permission in a TikTok video, prompting them to discover the feasibility of authorized recourse.
Understanding the potential for authorized motion is essential for each customers and the platform itself. For customers, it empowers them to grasp their rights and obtainable treatments in the event that they imagine they’ve been wronged. For the platform, the potential for lawsuits serves as a motivator to stick to related legal guidelines and rules, implement strong content material moderation insurance policies, and defend person information. Traditionally, platforms like TikTok have confronted growing scrutiny and authorized challenges as their person base and affect develop, highlighting the growing significance of understanding the processes concerned in potential litigation.
The next sections will delve into particular grounds for authorized motion in opposition to TikTok, discover the mandatory steps concerned in pursuing a lawsuit, and look at potential challenges and issues related to such authorized proceedings.
1. Jurisdiction
Jurisdiction is a foundational aspect in figuring out whether or not and the place authorized motion in opposition to TikTok can proceed. It establishes the authority of a courtroom to listen to and determine a case. Within the context of “how am i able to sue tiktok,” jurisdiction dictates which courtroom systemwhether federal or state, and by which geographic locationpossesses the ability to adjudicate the dispute. The collection of the suitable jurisdiction isn’t arbitrary; it’s ruled by authorized rules contemplating components corresponding to TikTok’s principal place of work, the situation of the alleged hurt, and the defendant’s contacts with the jurisdiction. An error in choosing the right jurisdiction may end up in dismissal of the case, whatever the deserves of the underlying declare. As an illustration, a person residing in California and alleging a privateness violation could must file go well with in California, or doubtlessly Delaware, the place TikTok’s father or mother firm is integrated, relying on the precise details and authorized arguments.
The Phrases of Service settlement typically features a discussion board choice clause, which makes an attempt to predetermine the jurisdiction for resolving disputes. These clauses usually specify a selected state or nation because the unique venue for authorized motion. Nonetheless, the enforceability of such clauses might be challenged, notably if they’re deemed unconscionable or if the underlying declare entails a violation of federal regulation. Furthermore, if the declare entails a big class of plaintiffs unfold throughout a number of jurisdictions, the foundations of civil process governing class motion lawsuits could affect the jurisdictional evaluation. In circumstances involving worldwide customers, jurisdictional points turn out to be much more advanced, doubtlessly requiring consideration of worldwide treaties and rules of worldwide regulation.
In abstract, understanding jurisdiction is a vital preliminary step when contemplating the opportunity of authorized motion in opposition to TikTok. It straight impacts the feasibility and strategic method to pursuing a declare. The selection of jurisdiction can affect the relevant regulation, the obtainable treatments, and the final word consequence of the case. Failure to correctly assess and set up jurisdiction can result in wasted sources and the denial of authorized redress.
2. Phrases of Service
The Phrases of Service (ToS) settlement between a person and TikTok is a legally binding contract that considerably impacts the feasibility of authorized motion in opposition to the platform. Understanding the ToS is paramount when contemplating “how am i able to sue tiktok” as a result of it outlines the rights, tasks, and limitations of each the person and the corporate. The doc typically comprises clauses that may straight have an effect on the flexibility to provoke or maintain a lawsuit.
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Arbitration Clauses
Many Phrases of Service agreements, together with TikTok’s, comprise arbitration clauses. These clauses mandate that disputes be resolved by means of binding arbitration slightly than by means of conventional courtroom litigation. Arbitration usually entails a impartial third social gathering who hears proof and renders a choice. Whereas arbitration can generally be faster and cheaper than a lawsuit, it additionally limits the person’s skill to attraction the choice or pursue discovery to the identical extent as in courtroom. This will considerably affect the person’s strategic choices and potential outcomes when looking for authorized recourse. For instance, if a person claims information privateness violations, the arbitration clause dictates that the declare should be resolved by means of arbitration, typically limiting the person’s choices for a public trial and intensive proof gathering.
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Legal responsibility Limitations
Phrases of Service agreements typically embody provisions that restrict the corporate’s legal responsibility for varied kinds of damages. These limitations could pertain to direct damages, consequential damages, or punitive damages. The clauses can specify most financial quantities for which the corporate might be held liable, whatever the extent of the hurt precipitated. As an illustration, if a person alleges monetary loss as a consequence of reliance on inaccurate data disseminated by means of TikTok, the ToS could comprise a clause limiting TikTok’s legal responsibility to a nominal quantity, whatever the person’s precise losses. This limitation of legal responsibility is designed to guard the platform from extreme monetary threat.
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Governing Regulation and Discussion board Choice
The Phrases of Service usually specify the governing regulation and the discussion board for resolving disputes. The governing regulation clause designates the precise jurisdiction whose legal guidelines will probably be utilized in deciphering the settlement. The discussion board choice clause identifies the precise courtroom or jurisdiction the place any authorized motion should be introduced. These clauses can considerably affect the person’s skill to sue TikTok, as they might be required to litigate in a jurisdiction removed from their residence or underneath a authorized system that’s much less favorable to their declare. If the ToS specifies that disputes should be resolved in, for instance, California, a person residing in New York could also be required to journey to California and retain California counsel, including vital value and inconvenience to the method.
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Content material Removing and Account Termination
The ToS grant TikTok broad discretion to take away content material and terminate person accounts for violations of the settlement. If a person’s content material is eliminated or their account is terminated, their recourse for authorized motion could also be restricted by the provisions throughout the ToS. The settlement could state that TikTok isn’t answerable for any damages ensuing from content material removing or account termination, even when the person believes the motion was unwarranted. In circumstances the place a person has constructed a big following or generated revenue by means of TikTok, the termination of their account may end up in substantial monetary loss, however the ToS typically limits the person’s skill to get well these losses by means of authorized motion.
In conclusion, the Phrases of Service performs a vital position in figuring out “how am i able to sue tiktok.” The arbitration clauses, legal responsibility limitations, governing regulation and discussion board choice clauses, and content material removing insurance policies throughout the ToS can considerably limit a person’s skill to deliver a lawsuit, affect the result of the case, and restrict potential damages. Totally reviewing and understanding the ToS is subsequently a vital first step for anybody contemplating authorized motion in opposition to TikTok.
3. Privateness Violations
Privateness violations signify a big space of potential authorized rivalry in opposition to TikTok. The gathering, use, and disclosure of private information by the platform are topic to varied authorized frameworks, and alleged breaches can kind the idea of authorized motion. Understanding the character and scope of those violations is essential in assessing the viability of claims underneath “how am i able to sue tiktok.”
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Unauthorized Knowledge Assortment
TikTok collects a wide selection of person information, together with searching historical past, location information, contact data, and gadget identifiers. If this information assortment exceeds the scope of what’s disclosed within the privateness coverage or approved by the person, it might represent a privateness violation. For instance, if TikTok collects location information even when the person has explicitly disabled location providers, this unauthorized assortment may result in authorized claims. Customers could argue that this assortment is a breach of privateness legal guidelines, such because the California Client Privateness Act (CCPA) or the Normal Knowledge Safety Regulation (GDPR), relying on the person’s location and residency.
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Knowledge Safety Breaches
An information safety breach happens when unauthorized entry to person information ends in its disclosure or compromise. If TikTok fails to implement enough safety measures to guard person information and a breach happens, affected customers could have grounds to sue. Examples embody cases the place person login credentials, non-public messages, or monetary data are uncovered as a consequence of insufficient cybersecurity practices. Such breaches can result in identification theft, monetary loss, and reputational hurt, all of which may function the idea for authorized claims looking for damages for negligence or violations of knowledge safety legal guidelines.
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Misuse of Private Data
Even when information assortment is initially approved, utilizing private data for functions past what was disclosed to the person can represent a privateness violation. This consists of utilizing information for focused promoting with out express consent, sharing information with third events with out correct authorization, or utilizing information in methods which can be inconsistent with the platform’s acknowledged privateness insurance policies. As an illustration, if TikTok makes use of user-generated content material in promotional supplies with out acquiring consent, customers may argue that their proper to publicity or privateness has been violated. Moreover, the misuse of delicate information, corresponding to well being data or biometric information, can set off heightened authorized scrutiny and potential legal responsibility.
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Lack of Transparency
Transparency is a basic precept of knowledge privateness regulation. If TikTok’s privateness insurance policies are imprecise, deceptive, or fail to adequately disclose the platform’s information practices, customers could argue that they weren’t correctly knowledgeable about how their information was being collected, used, and shared. This lack of transparency can kind the idea of authorized claims alleging misleading commerce practices or violations of shopper safety legal guidelines. Moreover, failure to supply customers with clear and accessible mechanisms for accessing, correcting, or deleting their private information may also represent a privateness violation and help authorized motion.
These aspects of privateness violations straight relate to “how am i able to sue tiktok” by offering potential grounds for authorized motion. The success of such claims hinges on demonstrating a concrete hurt ensuing from the violation and establishing a causal hyperlink between TikTok’s actions and the alleged harm. Additional authorized motion could also be bolstered if a number of violations are demonstrated, particularly those who present a sample of disregard for person privateness rights.
4. Content material Infringement
Content material infringement, particularly copyright infringement, is a big foundation for pursuing authorized motion in opposition to TikTok. The prevalence of user-generated content material on the platform will increase the chance of copyrighted materials getting used with out permission. If a person or entity owns the copyright to a track, video, picture, or different artistic work, and that work is uploaded or used on TikTok with out authorization, a declare of copyright infringement could come up. This straight informs the “how am i able to sue tiktok” inquiry, as proving such infringement establishes a major explanation for motion in opposition to the platform and doubtlessly in opposition to the person person who uploaded the infringing content material.
The Digital Millennium Copyright Act (DMCA) offers a framework for addressing copyright infringement on platforms like TikTok. The DMCA features a “secure harbor” provision that protects on-line service suppliers from legal responsibility for copyright infringement by their customers, supplied they adjust to sure necessities. One in all these necessities is implementing a notice-and-takedown system, the place copyright holders can submit a discover of infringement, and the platform should promptly take away the infringing content material. If TikTok fails to correctly reply to legitimate DMCA takedown notices or has information of widespread infringement and doesn’t take affordable steps to handle it, the secure harbor safety could also be misplaced, growing the platform’s potential legal responsibility. A sensible instance is a musician discovering their track being utilized in quite a few TikTok movies with out their consent. If the musician sends DMCA takedown notices which can be ignored or improperly dealt with by TikTok, the musician could have grounds to sue TikTok for copyright infringement, arguing that the platform failed to keep up its secure harbor eligibility.
Understanding the interaction between copyright regulation, the DMCA, and TikTok’s content material moderation insurance policies is vital when contemplating “how am i able to sue tiktok” primarily based on content material infringement. Proving infringement requires demonstrating possession of the copyrighted work, unauthorized use of that work on TikTok, and damages ensuing from the infringement. Whereas TikTok has carried out instruments and insurance policies to handle copyright infringement, challenges stay as a result of sheer quantity of content material uploaded each day. A profitable lawsuit hinges on demonstrating that TikTok both straight infringed on the copyright or didn’t adequately tackle identified cases of infringement, thereby shedding its DMCA secure harbor protections.
5. Knowledge Safety
Knowledge safety is a vital aspect in figuring out the potential for authorized motion in opposition to TikTok. Vulnerabilities in TikTok’s information safety infrastructure can result in breaches, exposing person information and doubtlessly creating grounds for lawsuits centered on the platform’s failure to adequately defend delicate data. These failures straight relate to the inquiry of “how am i able to sue tiktok,” offering tangible avenues for authorized claims.
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Insufficient Encryption
Inadequate encryption of person information, each in transit and at relaxation, represents a big safety threat. If TikTok makes use of weak or outdated encryption algorithms, or fails to correctly implement encryption protocols, person information turns into weak to interception and unauthorized entry. For instance, if person passwords should not securely hashed and saved, an information breach may expose these passwords, resulting in identification theft and monetary loss. Customers affected by such a breach could have grounds to sue TikTok for failing to satisfy industry-standard safety practices. The absence of sturdy encryption is a direct violation of the responsibility to guard person information.
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Vulnerability to Cyberattacks
TikTok, like all massive on-line platform, is a goal for cyberattacks. The platform’s safety structure should be strong sufficient to resist varied threats, together with malware, ransomware, and distributed denial-of-service (DDoS) assaults. If TikTok’s techniques are simply penetrated as a consequence of unpatched vulnerabilities or insufficient intrusion detection techniques, and person information is compromised in consequence, affected customers could have grounds to sue. A hypothetical situation entails a complicated phishing assault focusing on TikTok staff, resulting in the theft of administrative credentials and subsequent entry to person databases. On this occasion, a profitable authorized motion is determined by demonstrating that TikToks safety measures had been demonstrably poor and straight contributed to the breach.
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Third-Get together Knowledge Sharing Dangers
TikTok shares person information with varied third-party companions for promoting, analytics, and different functions. If these third-party companions have insufficient safety practices, or if TikTok fails to correctly vet and monitor these companions, person information could also be uncovered to further dangers. As an illustration, if TikTok shares person information with an promoting community that experiences an information breach, customers whose information was shared could also be in danger. Authorized claims could come up if TikTok didn’t implement applicable contractual safeguards to guard person information when sharing it with third events. Establishing negligence within the choice and oversight of those companions is essential to efficiently leveraging this aspect in a authorized context.
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Non-Compliance with Knowledge Safety Legal guidelines
Varied information safety legal guidelines, such because the Normal Knowledge Safety Regulation (GDPR) and the California Client Privateness Act (CCPA), impose strict necessities on the gathering, storage, and processing of private information. If TikTok fails to adjust to these legal guidelines, for instance, by failing to acquire correct consent for information assortment or by failing to supply customers with the flexibility to entry, appropriate, or delete their information, affected customers could have grounds to sue. Demonstrating non-compliance with these information safety legal guidelines offers a powerful basis for authorized motion, particularly when coupled with proof of hurt ensuing from the non-compliance. The important thing authorized consideration turns into whether or not TikTok demonstrably failed to stick to the provisions of relevant information safety statutes.
The intersection of those information safety aspects with authorized motion, as thought of underneath “how am i able to sue tiktok,” showcases that the vulnerability of person information is a big legal responsibility for the platform. Profitable authorized challenges on this space hinge on demonstrating a transparent connection between the recognized safety deficiencies, a selected information breach, and demonstrable hurt suffered by the plaintiff. Additional complicating the evaluation, variations in regulatory environments throughout jurisdictions necessitate a nuanced method to information safety litigation in opposition to TikTok.
6. Defamation Claims
Defamation claims on TikTok are pertinent when exploring “how am i able to sue tiktok” as a result of the platform’s open nature and huge person base can amplify false statements, inflicting vital hurt to people or entities. Defamatory content material, if not correctly moderated, can rapidly unfold, impacting reputations and doubtlessly resulting in monetary or emotional misery. This introduces potential avenues for authorized recourse in opposition to the platform, in addition to particular person customers.
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Identification Requirement
For a defamation declare to be viable in opposition to TikTok or a person, the defamatory assertion should particularly establish the plaintiff. This identification might be direct, utilizing the plaintiff’s title, or oblique, by means of identifiable traits or references. If an announcement, even when false and damaging, doesn’t permit an inexpensive particular person to establish that it refers back to the plaintiff, a defamation declare is unlikely to succeed. As an illustration, a normal assertion a couple of native enterprise isn’t defamatory until it may be confirmed that the assertion was particularly a couple of specific enterprise. When assessing “how am i able to sue tiktok,” it’s crucial to verify that the defamatory content material clearly refers back to the plaintiff.
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Publication Aspect
Defamation requires publication, which means the false assertion should be communicated to a 3rd social gathering. On TikTok, publication happens when a defamatory video or remark is posted and considered by different customers. The broader the attain of the defamatory content material, the larger the potential for hurt and the stronger the idea for a defamation declare. If a defamatory assertion is made on a person’s account however not made public, it typically doesn’t meet the publication requirement. Contemplating “how am i able to sue tiktok,” the extent of publication on the platform is a key think about figuring out the potential damages and the viability of the authorized motion.
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Falsity and Truth vs. Opinion
Defamation claims hinge on the assertion being false. Reality is an absolute protection to defamation. Moreover, statements of opinion, which can’t be confirmed true or false, typically don’t represent defamation. Nonetheless, an opinion can indicate a factual foundation, and if that factual implication is fake and defamatory, it may be actionable. For instance, stating “I believe that restaurant is overpriced” is an opinion. Stating “I believe the proprietor of that restaurant is a thief” implies a factual foundation (that the proprietor is engaged in theft) and might be defamatory if false. In exploring “how am i able to sue tiktok” for defamation, the main target is on distinguishing statements of reality from statements of opinion and establishing the falsity of the factual statements.
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Fault and Negligence
To reach a defamation declare in opposition to TikTok, a plaintiff usually must display that the platform was at fault in publishing the defamatory content material. This fault typically takes the type of negligence, which means TikTok knew or ought to have identified in regards to the defamatory content material however didn’t take affordable steps to take away it. The usual of fault could fluctuate relying on the plaintiff’s standing; public figures typically have a better burden of proof, needing to indicate precise malice (information of falsity or reckless disregard for the reality). When evaluating “how am i able to sue tiktok,” the extent of fault or negligence attributable to the platform is a vital think about figuring out legal responsibility.
Defamation claims signify a fancy authorized panorama intertwined with rules of free speech and platform legal responsibility. When exploring “how am i able to sue tiktok” within the context of defamation, it is necessary to handle the weather of identification, publication, falsity, and fault to find out the viability of a possible authorized motion. Given the complexities of those claims and the evolving authorized requirements for on-line platform legal responsibility, looking for authorized counsel is crucial.
Often Requested Questions
The next questions tackle widespread inquiries surrounding the opportunity of initiating a lawsuit in opposition to the TikTok platform. The responses intention to supply readability on related authorized elements with out providing authorized recommendation.
Query 1: What are the first grounds for initiating authorized motion in opposition to TikTok?
Potential grounds embody privateness violations stemming from unauthorized information assortment or breaches, copyright infringement associated to unauthorized use of artistic works, information safety failures exposing person data, and defamation ensuing from the dissemination of false statements. The precise details of a scenario dictate the obtainable authorized avenues.
Query 2: Does TikTok’s Phrases of Service settlement restrict the flexibility to file a lawsuit?
Sure, the Phrases of Service typically comprise clauses that may considerably affect the flexibility to sue. These could embody obligatory arbitration clauses requiring disputes to be resolved exterior of courtroom, limitations on legal responsibility limiting the platform’s monetary accountability, and discussion board choice clauses dictating the jurisdiction the place authorized motion should be introduced.
Query 3: How does the Digital Millennium Copyright Act (DMCA) have an effect on copyright infringement claims in opposition to TikTok?
The DMCA offers a secure harbor for on-line service suppliers like TikTok, defending them from legal responsibility for copyright infringement by customers in the event that they adjust to sure necessities, together with implementing a notice-and-takedown system. Failure to stick to the DMCA’s necessities can expose TikTok to copyright infringement legal responsibility.
Query 4: What constitutes a privateness violation that might result in a lawsuit in opposition to TikTok?
Actions corresponding to unauthorized assortment of private information past what’s disclosed within the privateness coverage, information safety breaches exposing person data, misuse of private data for functions not approved by the person, and lack of transparency relating to information practices can represent privateness violations that doubtlessly help authorized motion.
Query 5: What are the important thing parts required to achieve a defamation declare in opposition to TikTok?
A profitable defamation declare necessitates demonstrating that the defamatory assertion particularly recognized the plaintiff, was revealed to a 3rd social gathering, was false, and was made with a requisite stage of fault or negligence on the a part of the platform.
Query 6: What position does jurisdiction play in figuring out the place a lawsuit in opposition to TikTok might be filed?
Jurisdiction is essential, because it establishes the authority of a selected courtroom to listen to the case. Components thought of when figuring out jurisdiction embody TikTok’s principal place of work, the situation of the alleged hurt, and any discussion board choice clauses within the Phrases of Service. An incorrect selection of jurisdiction can result in dismissal of the case.
Navigating the complexities of authorized motion in opposition to a big social media platform requires cautious consideration of relevant legal guidelines, the platform’s Phrases of Service, and the precise details of the scenario. Consulting with authorized counsel is very really useful.
The subsequent part will tackle sensible steps to think about earlier than suing TikTok.
Important Concerns Earlier than Pursuing Authorized Motion
Initiating authorized proceedings in opposition to a big company like TikTok requires cautious preparation and an intensive understanding of the authorized panorama. The next ideas define key issues to judge earlier than committing to authorized motion.
Tip 1: Conduct a Complete Case Evaluation: Totally consider the factual and authorized foundation of the potential declare. Gather all related paperwork, communications, and proof supporting the alleged hurt. A weak factual basis will possible end in an unsuccessful authorized consequence.
Tip 2: Seek the advice of with Skilled Authorized Counsel: Search steering from an lawyer with expertise in web regulation, information privateness, or mental property, relying on the character of the declare. Authorized counsel can present an goal evaluation of the case’s deserves and potential challenges.
Tip 3: Examine Various Dispute Decision Choices: Contemplate whether or not various dispute decision strategies, corresponding to mediation or arbitration, are viable choices. These strategies can typically be more cost effective and time-consuming than litigation.
Tip 4: Analyze the Potential Prices and Advantages: Litigation might be costly, involving vital authorized charges, knowledgeable witness prices, and courtroom bills. Fastidiously weigh the potential advantages of a profitable consequence in opposition to the prices of pursuing authorized motion.
Tip 5: Perceive Jurisdictional and Venue Concerns: Decide the suitable jurisdiction and venue for submitting the lawsuit. This determination can considerably affect the relevant regulation and the comfort of litigating the case. Discussion board choice clauses in TikTok’s Phrases of Service could restrict the obtainable choices.
Tip 6: Consider the Potential for Counterclaims: Contemplate the chance that TikTok could file a counterclaim. Assess the power of any potential defenses or counterclaims that TikTok may assert.
Tip 7: Protect Proof: Take steps to protect all related proof, together with screenshots, movies, and communications. Failure to protect proof can weaken the case and doubtlessly result in sanctions.
These steps will considerably improve the prospects of a constructive consequence. Moreover, the absence of any of those steps can enhance the probability of authorized challenges and related prices.
The ultimate part will present a concluding abstract of the problems mentioned on this article.
Conclusion
This exploration of “how am i able to sue tiktok” has illuminated the multifaceted authorized panorama surrounding potential claims in opposition to the social media platform. It has addressed vital areas corresponding to jurisdiction, adherence to Phrases of Service, privateness violations, content material infringement, information safety protocols, and defamation considerations. Understanding these aspects is paramount in assessing the viability of authorized motion. The complexities inherent in every space necessitate cautious consideration of factual particulars and relevant authorized requirements.
Whereas this dialogue offers a framework for understanding potential authorized avenues, it shouldn’t be construed as authorized recommendation. People considering authorized motion in opposition to TikTok ought to seek the advice of with certified authorized counsel to judge the precise circumstances of their scenario and to navigate the advanced authorized procedures concerned. The evolving nature of web regulation and platform legal responsibility calls for diligent consideration and knowledgeable decision-making when pursuing such authorized claims.
