New York AG’s Lawsuit Against TikTok Survives Motion to Dismiss

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  • New York AG Letitia James obtained an order denying TikTok Inc.’s motion to dismiss a lawsuit brought by AG James against the company and affiliated entities, alleging that they violated state consumer protection laws by making deceptive representations regarding the TikTok app.
  • The complaint alleges that TikTok knowingly markets to children despite knowing the platform is harmful and inappropriate for young users, while representing that it is “safe,” “appropriate for children and teenagers,” and that safety is its “top priority.” The complaint further alleges that TikTok misrepresents the efficacy of its safety tools, and collects highly sensitive data that may be accessible by the Chinese government, despite representing to users that their information is protected.
  • The lawsuit seeks injunctive relief, civil penalties, disgorgement, punitive damages, and costs, among other relief.
  • Nebraska AG Mike Hilgers, Iowa AG Brenna Bird, Utah AG Sean Reyes, and Indiana AG Todd Rokita have brought lawsuits with similar claims against TikTok, while Montana AG Austin Knudsen has defended his state’s first-in-the-nation ban on the app.
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