In this 2020 photo illustration, the TikTok app is displayed on an Apple iPhone. (Photo Illustration by Drew Angerer/Getty Images)
Utah’s lawsuit against TikTok will move forward after a judge on Tuesday denied the social media company’s motion to dismiss.
In October 2023, Utah sued TikTok over alleged “addictive features” designed to keep children and teens on the app for as long as possible, promoting “endless scrolling” while downplaying the platform’s harm to young people.
In court documents, Utah called TikTok “digital nicotine” for young people.
The following December, TikTok filed a motion to dismiss the lawsuit that, among other things, argued that Section 230 of the federal Communications Decency Act shields the company from liability. Section 230 essentially sought to hold the speaker responsible for any harmful online speech, not the host or website, and TikTok claimed the lawsuit targeted it for publishing third-party content.
The company also said Utah’s Consumer Protection Act, which TikTok was accused of violating, was “vague” and ran afoul of the First Amendment.
But on Tuesday, Utah’s 3rd District Judge Richard Daynes denied TikTok’s motion, writing that it is “in the state of Utah’s interest in resolving this dispute.”
“The Complaint itself arises from claims of injury towards Utah residents in enforcing Utah’s Consumer Sales Practices Act. The alleged victims of the defendant’s conduct apparently includes hundreds of thousands of Utah citizens. Those citizens are alleged to use the TikTok application within the state of Utah,” Daynes writes.
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Daynes also found that Utah’s Consumer Protection Act “is not in violation of the Due Process Clause and the First Amendment.”
A TikTok spokesperson did not immediately respond to a request for comment on Tuesday.
But Utah leaders celebrated the ruling, with Attorney General Sean Reyes saying he was “thrilled.”
“Today’s decision is a crucial step forward in our battle against the harmful practices of TikTok. We refuse to let a social media giant evade responsibility for its role in fostering addiction and exposing our children to multifarious threats. This case is all about safeguarding our kids and holding TikTok accountable for its actions,” Reyes said in a statement.
And Margaret Busse, the Utah Department of Commerce’s executive director, said the state will continue to fight what she called “deceptive practices” from social media companies.
“We are steadfast in our mission to protect our children from predatory and exploitative behavior,” Busse said in a statement.
The court heard arguments on TikTok’s motion to dismiss in September. No additional hearings have been scheduled as of Tuesday.
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