Washington state's Attorney General Bob Ferguson is suing TikTok, his office announced on Tuesday, Oct. 8. Ferguson joins 12 other states' attorneys general, as well as Washington, D.C., who have filed lawsuits against the social media platform.
The lawsuit, which was filed in King County Superior Court, claims that TikTok targets youth and encourages them to overuse the platform, even though the company knows overuse has been linked to detrimental effects on mental health. This violates Washington's Consumer Protection Act, which outlaws "unfair or deceptive acts or practices," Ferguson's office alleges.
"I am one of the millions of parents across Washington who knows firsthand the hold TikTok and other social media apps have on kids," Ferguson said in a news release. "TikTok is deceiving young people and their parents when it claims to look out for the safety of young users."
What does TikTok lawsuit claim?
According to the lawsuit, which is the result of a years-long investigation conducted by the attorneys general of several states, TikTok operates under the guise that it protects its young users, while knowingly encouraging them to become addicted to the platform. It gives users an endless video feed, which Ferguson argues compels them to keep scrolling without a natural endpoint. The company does include screen-time limits for young users, but the attorney general's office claims that they are easy to get around.
According to a 2023 Pew Research Center report, 63% of teens between the ages of 13 and 17 reported using the platform, while 17% reported that they are on the app "almost constantly." Excessive social media use has been linked to negative effects on mental health, according to the U.S. Department of Health and Human Services.
Another one of the lawsuit's central complaints surrounds TikTok's "age gate." The feature creates a "kids mode" that restricts users under the age of 13 from posting, commenting or receiving direct messages. However, in order to screen a user's age, TikTok simply asks for their date of birth. The lawsuit alleges that this can incentivize users under 13 to lie about their age, and does little to prevent children from accessing the app's full range of features.
How did TikTok respond to lawsuit?
In response to the lawsuit, the company released a statement saying that it continues to work to protect its younger users, highlighting its screen-time limits and privacy settings, which set teens' accounts to private by default and deactivate direct messaging for users 15 and under.
"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. We provide robust safeguards, proactively remove suspected underage users, and have voluntarily launched safety features such as default screentime limits, family pairing, and privacy by default for minors under 16," the statement reads.
The statement added that the company hoped to work with the states to address their concerns.
"It is incredibly disappointing they have taken this step rather than work with us on constructive solutions to industry-wide challenges."
How will this affect TikTok in Washington?
The lawsuit asks the court to assess a $7,500 penalty for each violation, and an additional $5,000 for each violation targeted at a specific demographic. It also asks the court to issue an injunction requiring the company to stop the practices that it considers to be a violation of state law.
According to Ferguson, the state is seeking to reform TikTok, not get rid of it altogether.
"Platforms like TikTok must be reformed and we know they are unwilling to do so on their own," Ferguson stated in a news release.
What about the proposed national TikTok ban?
The lawsuits are only the latest chapter in TikTok's legal struggles. Back in April 2024, a bill giving the social media platform 270 days to either separate from its parent company or face a nationwide ban was signed into law. While the potential ban wouldn't take effect until Jan. 19, 2025, it faces a challenge in court, and could be delayed or struck down entirely.
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