Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years

Florida Attorney General James Uthmeier has filed a Florida TikTok lawsuit against the platform and its parent company ByteDance. Specifically, the lawsuit alleges the app is knowingly breaking Florida’s Online Protections for Minors Act (§ 501.1736). For instance, it claims TikTok lets children under 14 create accounts with no restrictions. In addition, it claims TikTok fails to get parental consent before signing up 14- and 15-year-old users.

The complaint also accuses TikTok of misleading Florida parents. Specifically, it says TikTok misrepresents its app store age ratings. For example, TikTok falsely claims that sexual content, profanity, and drug-related material only show up “infrequently” on its platform. Furthermore, the lawsuit says TikTok promotes parental control features it knows don’t work.

Beyond the age-verification claims at the center of the Florida TikTok lawsuit, the Attorney General alleges TikTok built its platform to be addictive on purpose. For example, it points to features like infinite scroll, push notifications, autoplay, and algorithms that target each user. As a result, the suit claims TikTok used these tools to exploit young users’ psychological weak points. Additionally, it claims TikTok’s own internal records show executives knew the harm this caused.

As the Florida TikTok lawsuit moves forward, it raises serious questions. For instance, how should social media platforms treat young users? Also, what options do parents have when a platform fails to protect their kids?