TikTok Presses for Dismissal of New York's Consumer Protection Case
TikTok doubled down on a dismissal motion in a case against it that alleges the social media platform violated consumer protection and product-liability laws.
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In a reply brief Monday, TikTok supported dismissing the case on the grounds that the information its opponent, New York state, provided did not resolve the original issues with its complaint. New York failed to "connect any operational-independence allegations to any cause of action," nor did it identify a "misrepresentation of material fact concerning the platform’s alleged connection to China."
Additionally, TikTok said that the Children's Online Privacy Protection Act (COPPA), the First Amendment and Section 230 of the Communications Decency Act bar New York's claims.
Originally filed on Oct. 7, an amended version of the lawsuit was filed Dec. 27. In it, New York Attorney General Letitia James (D) alleges that TikTok features result in younger users spending excessive time on the app. In addition, James alleged that TikTok violates COPPA, since the law requires parental consent before collecting personal information from those younger than 13, and the platform has collected such data, including phone numbers, IP addresses and files containing children's images or voices (see 2501230015).
TikTok originally motioned to dismiss the suit on Jan. 22, which James opposed on March 7 (see 2503100065).