TikTok fails to dismiss Utah youth protection suit

Photo: Unsplash // Solen Feyissa

SALT LAKE CITY — A Utah state court has denied TikTok’s motion to dismiss a lawsuit filed by state regulators targeting the social media platform’s alleged impact on children, marking a significant early victory for state officials.

Third District Court Judge Richard Daynes ruled the court has specific personal jurisdiction over TikTok, despite the company not being incorporated in Utah. The ruling allows the October 2023 lawsuit, filed by the Utah Department of Commerce’s Division of Consumer Protection, to proceed.

“We are thrilled with the court’s ruling,” Utah Attorney General Sean Reyes said in a press release. “Today’s decision is a crucial step forward in our battle against the harmful practices of TikTok.”

The court’s decision hinged on jurisdictional questions, with Judge Daynes citing legal precedents including Russell v. Standard Corp. The ruling requires the court to consider the complaint’s allegations in a light most favorable to the plaintiff under Utah Rules of Civil Procedure.

Margaret Busse, Executive Director of the Utah Department of Commerce, emphasized the state’s focus on online safety. “We are steadfast in our mission to protect our children from predatory and exploitative behavior,” she said.

The lawsuit, among the first of its kind nationally, alleges TikTok’s practices promote addictive behaviors among young users. State officials say they plan to pursue a separate 2024 complaint regarding TikTok’s LIVE platform.

The case will proceed based on specific jurisdiction requirements examining TikTok’s activities in Utah, their connection to the state’s claims, and compliance with federal due process standards.