Letitia James, 13 other state AGs sue TikTok, alleging it addicted young people

ALBANY — Fourteen attorneys general, co-lead by New York State Attorney General Letitia James, filed lawsuits against TikTok on Tuesday for allegedly addicting young people to the social media platform and collecting their data without consent.

The lawsuits, filed separately in each jurisdiction, claim TikTok violated state laws by misleading the public about the safety of its platform and harmed young people’s mental health, according to a news release from James’ office.

The coalition, also co-lead by California Attorney General Rob Bonta, includes the attorneys general of Illinois, Kentucky, Louisiana, Massachusetts, Mississippi, New Jersey, North Carolina, Oregon, South Carolina, Vermont, Washington and the District of Columbia.

“In New York and across the country, young people have died or gotten injured doing dangerous TikTok challenges and many more are feeling more sad, anxious, and depressed because of TikTok’s addictive features,” James said in the release. The states “are suing TikTok to protect young people and help combat the nationwide youth mental health crisis,” she said.

TikTok did not immediately respond to a request for comment Tuesday.

The lawsuit comes after New York State in June passed a law, backed by James, banning social media platforms such as Facebook, Instagram and TikTok from offering addictive, algorithm-based social media feeds to promote content to young people. The algorithms typically use information on what the user clicks on to tailor content.

The lawsuit alleges that TikTok’s underlying business model focuses on maximizing young users’ time on the platform, so the company can boost revenue from selling targeted ads.

Excessive use and access to triggering content, particularly around bedtime, can negatively impact children’s health and mental health, and has been linked to depression, self-harm or suicidal thoughts, as well as negative body image and low self-worth, experts have said.

The lawsuits also allege that TikTok violates state child data protection laws, by collecting and monetizing the data of users under the age of 13 without parental consent.

In June Gov. Kathy Hochul also signed the New York Child Data Protection Act, which starting next year will ban — except in certain instances — online sites from collecting, using, sharing or selling personal data of anyone under the age of 18 without consent. Parental consent will be required for those under age 13.

The lawsuit further alleges TikTok violated New York’s consumer protection laws by misrepresenting its safety measures, including a 60-minute screen time limit, which teens can get around by using a passcode to continue to watch videos, according to the release. Further, the company claims that it is not for children under 13, but the platform features subject matter directed at children, the lawsuit alleges.

“Kids and families across the country are desperate for help to address this crisis, and we are doing everything in our power to protect them,” James said.