A lawsuit against the social media service TikTok may continue, ruled 3rd District Court Judge Richard Daynes on Tuesday.
State regulators from the Utah Division of Consumer Protection alleged in the complaint that the TikTok app crafted an algorithm that unfairly targeted minors, contributing to injury of the mental health of Utah children. The lawsuit alleges that TikTok used strategies to feed addiction as well as lying to consumers.
One filing by the state described the platform as “digital nicotine.”
TikTok filed for dismissal citing three main grounds: lack of standing for the State, vague language in state consumer protections and First Amendment grounds.
Daynes’s ruling found that the State has jurisdiction over any company doing business and that State consumer protection laws were specific and enforceable.
On First Amendment grounds, Daynes’s decision found that the State was not trying to regulate protected content rather platforms delivery algorithms targeting children.
“The Court finds 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 the 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. Thus, the case has been brought by the Division and it is in the Division’s interest specifically to enforce Utah laws and to protect and seek recourse for Utah residents from the alleged unlawful activities of TikTok directed individually to each of those residents,” wrote Judge Daynes.
The ruling allows the case to proceed to trial, however a trial date has not been set.