TikTok sued by attorneys general alleging its app is harming children’s mental health

TikTok was sued Tuesday by more than a dozen attorneys general who allege the social media platform is misleading the public about its safety. The app, they say, is harming children’s mental health, with some kids getting injured or even dying because of TikTok’s viral “challenges.”

The lawsuits, filed Tuesday, also claim that TikTok relies on “addictive features” that keep users glued to its platform, which in turn can hurt their mental health. These features include notifications that can harm kids’ sleep patterns and video autoplay that encourages users to spend more time on the platform, without the option to turn off the autoplay function, according to the complaint. 

“We strongly disagree with these claims, many of which we believe to be inaccurate and misleading. We’re proud of and remain deeply committed to the work we’ve done to protect teens and we will continue to update and improve our product,” a TikTok spokesperson said in a statement to CBS MoneyWatch. 

“We provide robust safeguards, proactively remove suspected underage users, and have voluntarily launched safety features such as default screentime limits, family pairing, and privacy by default for minors under 16,” the spokesperson said, adding, “We’ve endeavored to work with the Attorneys General for over two years, and it is incredibly disappointing they have taken this step rather than work with us on constructive solutions to industrywide challenges.”

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The lawsuits add to other challenges facing TikTok, which is also fighting a potential ban that was signed into law earlier this year by President Biden. The law, which the social media service has argued is unconstitutional and should be overturned, would require TikTok’s owner, the China-based company ByteDance, to either divest the business or face a ban of the service within the U.S.

At the same time, TikTok is also facing charges from various states and children’s advocates about privacy issues and their impact on kids and young adults. 

TikTok’s viral challenges

In the October 8 lawsuits, the attorneys general cite TikTok’s popular “challenges” as harmful to children, promoting dangerous behaviors that have caused injuries, some fatal.

“Challenges are campaigns that encourage users to create and post certain types of videos on TikTok, such as a video of a user performing a certain dance routine or a dangerous prank,” alleges the lawsuit from New York Attorney General Letitia James, whose office led the multi-state effort. “Challenge videos are a cornerstone of the platform and are among the most popular videos on the platform.”

The lawsuit added, “Numerous teen users have injured or even killed themselves or others participating in viral pranks to obtain rewards and increase their number of ‘likes,’ views, and followers, a foreseeable consequence of TikTok’s engagement-maximizing design.”

In one case, a 15-year-old boy died in Manhattan while subway surfing, a trend where people ride on top of a moving subway car. The lawsuit notes that his mother found TikTok videos about subway surfing in his account after he had died. 

TikTok coins and a “virtual strip club”

The social media company bars children under 13 from signing up for its main service and restricts some content for everyone under 18. But Washington and several other states said in their filings that children can easily bypass those restrictions, allowing them to access the service adults use despite the company’s claims that its platform is safe for children.

The District of Columbia alleges TikTok is operating as an “unlicensed virtual economy” by allowing people to purchase TikTok Coins — a virtual currency within the platform — and send “gifts” to streamers on TikTok LIVE who can cash it out for real money. TikTok takes a 50% commission on these financial transactions but hasn’t registered as a money transmitter with the U.S. Treasury Department or authorities in the district, according to the complaint.

Officials say teens are frequently exploited for sexually explicit content through TikTok’s LIVE streaming feature, which has allowed the app to operate essentially as a “virtual strip club” without any age restrictions. They say the cut the company gets from the financial transactions allows it to profit from exploitation.

The 14 attorneys general say the litigation is aimed at stopping TikTok from using these features, imposing financial penalties for their alleged illegal practices and collecting damages for users who have been harmed.

The attorneys general who are suing TikTok include the following states and district:

• California
• Illinois
• Kentucky
• Louisiana
• Massachusetts
• Mississippi
• New Jersey
• New York
• North Carolina
• Oregon
• South Carolina 
• Vermont
• Washington
• District of Columbia

Each attorney general filed a lawsuit in their own jurisdiction.

Separately, Minnesota attorney general Keith Ellison and 21 other state attorney generals on Tuesday urged a Tennessee court to enforce an order that would require TikTok to comply with a consumer protection investigation.