NJ Sues Discord Over ‘Misleading’ Kids’ Safety Features (1)

April 17, 2025, 4:17 PM UTCUpdated: April 17, 2025, 5:10 PM UTC

California-based social media company Discord is facing a first-of-its kind lawsuit in New Jersey, claiming the company misleads parents about safety features for children.

Discord faces claims that it violated state consumer protection laws by overstating that its app and website had features that reduced risk for minors. In reality, the platform allows for sharing videos and messages through private direct messages that have given sexual predators an opportunity to target children, the state said in its complaint filed Thursday in New Jersey Superior Court.

The company is “misleading and deceiving kids and parents about the safety of their app, and as a result leaving children vulnerable to harassment, abuse and sexual exploitation by predators who lurk on their platform,” Attorney General Matthew J. Platkin (D) said during a press conference.

Four New Jersey Consumer Fraud Act claims raised by the state hinge on the company’s own safety statements. New Jersey argues that if social media companies claim to be working toward safety—giving parents a false sense of security—they can be sued when they fall short.

The company quickly pushed back against the lawsuit and Platkin’s statements.

“Discord is proud of our continuous efforts and investments in features and tools that help make Discord safer,” the company said in an emailed statement. “Given our engagement with the Attorney General’s office, we are surprised by the announcement that New Jersey has filed an action against Discord today. We dispute the claims in the lawsuit and look forward to defending the action in court.”

Platkin said that Discord touts a “safe direct messaging” system and other safety features, but his office has brought criminal cases against sexual assault defendants who pursue and connect with children on the application. Moderation of explicit content, he said, also is left to volunteers who are sometimes children themselves.

The state’s investigation into the company kicked off after a 2022 mass shooting, in which a Buffalo, N.Y. gunman planned his murders on Discord. Since then parents have reached out to Platkin, urging him to do something about the platform.

Platkin said a personal friend told him that his 10-year-old son saw “horrific” videos on the app.

“He asked me, as a dad, if there was anything we could do to stop this,” Platkin said. “This is one of the most consequential cases being brought against the tech industry for the harm caused to our kids.”

Harm to Children

Platkin’s effort to crack down on Discord is the latest in a string of state investigations, laws, and lawsuits targeting social media use by children.

Courts have generally balked at state efforts to limit social media sites with age verification mandates, finding the First Amendment prohibits that kind of regulation. The latest rebuff came in a Wednesday trial court ruling that held Ohio’s at-least-16-years-old verification law violates free speech protections.

Meanwhile, efforts to use products liability and public nuisance claims against social media rage on in court. A multi-district collective of suits from across the country is making its way through the Northern District of California on claims that online platforms harm children’s mental health.

State attorneys general continue to seek other ways to press the issue, often tapping states’ robust consumer protection statutes. On Wednesday, Florida Attorney General James Uthmeier (R) subpoenad the popular children’s online game Roblox, demanding records about marketing materials aimed at selling the platform’s “suitability for children.”

The state wants to “uncover how this platform is marketing to children and to see what policies they are implementing—if any—to avoid interactions with predators,” Uthmeier said in a statement.

The case is Platkin v. Discord Inc., N.J. Super. Ct., No. ESX-C-000084-25, complaint filed 4/17/25.

To contact the reporter on this story: Alex Ebert in Madison, Wis. at aebert@bloombergindustry.com

To contact the editor responsible for this story: Patrick Ambrosio at PAmbrosio@bloombergindustry.com

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