Court Allows N.H. Consumer Protection Case Against TikTok to Continue
A New Hampshire state court on Tuesday allowed a consumer protection case against social media platform TikTok to continue, ruling the state has jurisdiction to bring the suit, and that the First Amendment does not bar it from bringing the claims. One claim involving the Consumer Protection Act was dropped, however.
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TikTok "does not just operate an online platform accessible to New Hampshire residents," but "harvests users’ personal information, sells that information to advertisers, who then use it to advertise on the App," in exchange for user access, said Merrimack County Superior Court Justice John Kissinger: This "voluntary contact" means New Hampshire has jurisdiction to bring the case.
While "the First Amendment, like Section 230, immunizes [TikTok] against any claims alleging harm arising from the substance of third-party content, as that conduct falls within a traditional publishing role," said Kissinger, "the Court has concluded that the thrust of the State’s claims seeks to hold [TikTok] accountable for the harm caused by the alleged addictive design features themselves, regardless of the substance or organization of the third-party content disseminated." Therefore, "the First Amendment does not bar the State’s claims."
The court also allowed claims of unfair and deceptive acts or practices to stand, and dismissed the social media platform's assertion that the federal Children's Online Privacy Protection Act (COPPA) preempted the state claims.
However, the justice said New Hampshire failed to state a claim under the CPA. Since "the State's allegations are insufficient to allege that [TikTok] misrepresented its geographic origin," that part of New Hampshire's counts in the suit was dismissed.
“The Court’s decision is an important step toward holding TikTok accountable for unlawful practices that put children at risk,” said Attorney General John Formella (D) in a press release Friday.