N.Y. AG Opposes TikTok's Motion to Dismiss in Consumer Protection Case
New York Attorney General Letitia James (D) on Friday opposed TikTok's motion to dismiss a case alleging violation of consumer protection and product-liability laws, claiming its dismissal motion "rests on a mischaracterization of the allegations in the Complaint."
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"[T]his case is not about the substance of short-form videos that users create, upload, and share on the TikTok platform, or Defendants’ editorial selection thereof," James said. "Rather, it’s about Defendants’ actions: in particular, their conscious decision to employ a series of addictive features to maximize young user engagement with the TikTok platform to increase profits at the expense of the mental health of young people, and to then make factual misrepresentations to convince the public that the TikTok platform was safe and appropriate for teenagers and children."
Originally filed on Oct. 7, an amended version of the lawsuit was filed Dec. 27, and alleges TikTok features result in younger users spending excessive time on the app. James also alleged that TikTok violates the Children's Online Privacy Protection Act (COPPA), since the federal law requires parental consent before collecting personal information from those younger than 13. TikTok collected such data, including phone number, IP address and files containing the child's image or voice, it alleges (see 2501230015).
TikTok motioned to dismiss the suit on Jan. 22, claiming that the plaintiff’s complaints are legally defective, and that New York failed to state a cause of action.