New Jersey is co-leading a multistate investigation into TikTok to determine if the platform violates consumer protection laws by using techniques that increase engagement among young users, potentially causing mental and physical harm. The investigation will examine what TikTok knows about these harms to children, teenagers, and young adults.
In-house legal teams should review all vendor, customer, and platform agreements where services are directed at or accessible to minors (e.g., social media, gaming, or entertainment agreements). Focus on clauses governing age assurance, parental/guardian consent, content filtering, algorithmic transparency, and usage limitations for users under 18. Specific clauses to scrutinize include those related to data collection from minors, design features that encourage prolonged engagement (e.g., infinite scroll, autoplay), and any commitments to mitigate psychological or physical harms. Changes may be needed to mandate robust age-gating, obtain verifiable parental consent for certain features, implement mandatory break reminders, require regular harm assessments, and include clear reporting obligations on engagement metrics and safety outcomes.
Entity
TikTok
Industry
Social Media"TikTok"
"young users – children, teenagers and young adults"
Texas Attorney General Ken Paxton filed a lawsuit against TikTok for deceptively promoting its app as safe for children despite the prevalence of inappropriate and explicit content. The action alleges violations of the SCOPE Act, which protects children's online privacy, and follows a previous lawsuit regarding data privacy issues.
New York Attorney General Letitia James and California Attorney General Rob Bonta led a bipartisan coalition of 14 attorneys general in filing lawsuits against TikTok on October 8, 2024, alleging the platform harmed children’s mental health through addictive features and violated COPPA by collecting and monetizing data from users under 13 without parental consent. The lawsuits seek to halt TikTok’s harmful practices, impose financial penalties including disgorgement of profits from illegal practices, and secure damages for affected users. TikTok is also accused of misrepresenting the effectiveness of its safety tools and failing to warn users about harms from dangerous viral challenges and beauty filters.
Connecticut Attorney General William Tong announced that a coalition of 22 attorneys general is escalating efforts to force TikTok to comply with a multistate investigation into harm to youth mental health. TikTok has failed to fully comply with court orders to preserve evidence and produce documents, impeding the investigation. The coalition is urging a Tennessee court to enforce its orders.
Texas Attorney General Ken Paxton filed a lawsuit against TikTok for violating the Securing Children Online through Parental Empowerment (SCOPE) Act by sharing minors’ personal identifying information without parental consent and failing to provide parents with tools to manage their children’s account privacy settings. The lawsuit seeks civil penalties of up to $10,000 per violation and injunctive relief to prevent future violations. TikTok is accused of prioritizing profit over the online safety and privacy of Texas children.
Connecticut Attorney General William Tong requested a meeting with TikTok leadership to address the harmful impact of viral challenges like 'Devious Licks' and 'Slap a Teacher' on student and educator safety. The AG criticized TikTok's enforcement of its terms of service and urged reforms to prevent the spread of dangerous content.
$100K
New Jersey Attorney General Jennifer Davenport and the Division of Consumer Affairs announced a Consent Order with King Distribution LLC and 17 related retail smoke shops, resolving allegations that the companies illegally sold flavored vapor products in violation of New Jersey’s consumer protection laws. The Consent Order imposes a $100,000 civil penalty, requires reimbursement of $22,279 in investigation costs, and prohibits the companies from selling or distributing flavored vapor products in New Jersey. The enforcement action is part of New Jersey’s ongoing efforts to protect youth from flavored vape products, which have been permanently banned in the state since January 2020.