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TikTok Argues NJ AG Lacks Jurisdiction in Consumer Protection Case

TikTok moved to dismiss a case that New Jersey Attorney General Matthew Platkin (D) brought for alleged violations of the state's consumer-protection law. The AG lacks jurisdiction to bring the case, and federal law bars many of its counts, the social media platform's motion said.

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“The Court must dismiss a complaint for lack of personal jurisdiction if the plaintiff fails to allege facts establishing that the Court may exercise jurisdiction over the defendant,” TikTok said in the motion to dismiss. “The Court also must dismiss a complaint for failure to state a claim if the plaintiff fails to allege facts that entitle it to relief.”

Since the state complains about no conduct “purposefully directed to New Jersey,” the AG lacks personal jurisdiction to bring the case, TikTok argued. Also, TikTok said the first four counts of the complaint “are barred by Section 230 of the Communications Decency Act and the First Amendment because they seek to impose liability based on protected publishing conduct."

While the Essex County Superior Court ordered the case dismissed on Jan. 25 (see 2501270037), Platkin submitted a proposed consent order extending the time to answer or move to dismiss the first amended complaint on Jan. 28. The court granted that on Jan. 29, giving the defendants until Feb. 25 to respond to the amended complaint. The amended complaint was submitted on Jan. 20, alleging that TikTok targets and manipulates minors into "habitual use" of their app, and then mines their data for more profit, among other allegations.