
TikTok is pressing North Carolina's highest court
to throw out charges that it violates consumer protection laws by allegedly designing the service to addict young users, and misrepresenting that the app is safe for teens.
In
papers filed this week with the state Supreme Court, TikTok says it isn't subject to jurisdiction in North Carolina because the company's only connection to the state is that residents use the
app.
TikTok argues that merely offering an app on a nationwide basis doesn't subject it to jurisdiction throughout the country. Otherwise, TikTok contends, other out-of-state
businesses could be sued in North Carolina, and local businesses such as "a newspaper from Charlotte whose online publication reaches a national audience" or a "Durham software company that sells to
businesses nationwide" could be sued throughout the U.S.
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The company's latest papers come in a dispute dating to October 2014, when Governor (and former state Attorney General)
Josh Stein was among more than a dozen officials nationwide to sue TikTok for
allegedly harming teens' mental health. As with the other lawsuits, Stein alleged that TikTok designed its service with "addictive" features, such as automatically playing videos and algorithmic
recommendations.
TikTok sought a fast dismissal for several reasons; among others, the company said it wasn't subject to the jurisdiction of North Carolina courts.
In August, Wake County Superior Court Judge Adam Conrad rejected TikTok's bid for dismissal, writing that the company "advertises widely in North Carolina, makes TikTok available here,
and fosters ongoing relationships with its app’s users."
TikTok is now appealing that ruling to the state Supreme Court.
"It is undisputed that: (1) Defendants did not design TikTok or its features in North Carolina; (2) the features were not designed to function differently in North Carolina; and (3)
Defendants did not make alleged misrepresentations in or targeted at North Carolina," the company writes.
TikTok isn't the only tech company currently battling state law
enforcement officials.
Meta, which also faces "addiction" lawsuits by attorneys general around the country, recently asked the U.S. Supreme Court to intervene in a case
brought by Vermont's attorney general. The complaint in matter case alleges that the social platform violated a consumer protection law by allegedly designing Instagram to hook young users.
Vermont's highest court rejected Meta's argument that the case should be dismissed on the grounds that the state lacks jurisdiction over these claims.
Meta
argued in its request for Supreme Court review that it shouldn't be subject to jurisdiction in Vermont because it doesn't have a physical presence or employees in that state, and isn't alleged to have
designed Instagram to function differently in Vermont than in other states.
The Supreme Court justices could say as early as Monday whether they will hear Meta's petition.