TikTok Accused by States of Features Addicting, Harming Kids (2)

TikTok Inc. was sued by California, New York, and in a dozen other state courts Tuesday for allegedly deceiving users about its child safety tools and using harmful features to keep children on the platform longer to maximize profits.

The complaints, filed under consumer protection statutes in the 13 respective state courts and in Washington, D.C., claim that TikTok uses addictive features like autoplay, endless scrolling, and livestreams to exploit children’s attention and keep them on the platform longer. Features like beauty filters, likes, and comments also harm children, damaging their self-esteem and mental health, according to a press release from the California attorney general’s office.

The states also accuse TikTok of exploiting the data of children under 13 without parental notice or consent, despite federal law prohibiting such activity.

A TikTok spokesperson called the claims “inaccurate and misleading.”

“We’re proud of and remain deeply committed to the work we’ve done to protect teens and we will continue to update and improve our product,” said Alex Haurek, a TikTok spokesperson.

Haurek pointed to safeguards introduced by the company including “default screentime limits, family pairing, and privacy by default for minors under 16.”

The California lawsuit, filed in Santa Clara County Superior Court, alleges that TikTok violated California’s consumer protection statutes. The state seeks penalties and injunctive relief.

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“When we look at the youth mental health crisis and the revenue machine TikTok has created, fueled by the time and attention of our young people, it’s devastatingly obvious: our children and teens never stood a chance against these social media behemoths,” California Attorney General Rob Bonta said in a press release. “TikTok must be held accountable for the harms it created in taking away the time—and childhoods—of American children.”

Haurek said TikTok cooperated with the California investigation.

“It is incredibly disappointing they have taken this step rather than work with us on constructive solutions to industrywide challenges,” Haurek said.

TikTok has been at odds with investigators in the US since at least 2019 when the company reached a settlement with the Federal Trade Commission related to kids privacy. But after “TikTok knowingly and repeatedly” violated kids’ privacy, the FTC sued TikTok in August for violating the federal children’s privacy law.

In the meantime, Bonta’s office opened its investigation against TikTok in March 2022, citing mental health risks to users on the platform. The state’s probe culminated in today’s lawsuit, which includes another 13 individual state claims, which could grow to 35 claims across the US, Bonta said in an interview with Bloomberg Law.

California’s investigation leading up to the complaint found that TikTok offers unique safety features for users in China that are not available to users in the US, Bonta said. Adding those features, including usage time limits, would improve user health and inch parties toward a settlement, he said.

“What TikTok could do is negotiate a settlement,” he said. So far, the company’s offered “fake” solutions and “empty gestures.”

Other states filing complaints Tuesday include Illinois, Kentucky, Louisiana, Massachusetts, Mississippi, North Carolina, New Jersey, Oregon, South Carolina, Vermont, Washington, and the District of Columbia.

The complaints follow a federal lawsuit from 33 state attorneys general against Meta Platforms Inc. in October 2023 accusing the company of designing and using addictive features harmful to children’s mental and physical health.

Meta, TikTok, and Snap Inc. face hundreds of proposed class actions alleging that their addictive features have led to harms against children.

The case is The People of the State of California v. TikTok Inc., Cal. Super. Ct., 10/8/24.