Granite Staters get win in state's longstanding battle with TikTok

CONCORD - The Attorney Generals Office recently announced that his Office's Consumer Protection and Antitrust Bureau has achieved a significant legal win in its lawsuit against TikTok Inc., advancing efforts to hold the social media company accountable for consumer protection violations related to the impact of its app on children and families.

"The Court's decision is an important step toward holding TikTok accountable for unlawful practices that put children at risk," said Attorney General John M. Formella. "We remain committed to using all legal tools available to safeguard the well-being of young people and families across New Hampshire."

In a ruling from the New Hampshire Superior Court, the judge denied TikTok's motion to dismiss the State's core claims under the New Hampshire Consumer Protection Act (CPA), finding that the allegations of unfair acts or deceptive practices and misrepresentations about app safety are valid and specific enough to proceed.

In making its ruling, the Court found jurisdiction in New Hampshire over the claims based on TikTok cyclical relationship with New Hampshire users - offering access to its app to New Hampshire users, employing addictive design features to keep those users engaged, according to a release last week from the AG's Office. They then allowed harvesting their personal data while on the app, profiting from the sale of that data and permitting advertisers to complete the cycle by using that data to advertise on the App based on users' preferences.

More than a quarter of the 1.2 million registered TikTok accounts in New Hampshire belong to users under the age of 23, and over 92,000 of those accounts belong to children aged 13-17.

The State's lawsuit alleges TikTok engaged in illegal acts by creating a product that is addictive by design that capitalizes on young users naivete and ongoing brain development to encourage excessive use causing mental health and other harms, misrepresenting the safety of the platform notwithstanding knowledge of glaring gaps in enforcement policies, collecting personal data from children under 13 without parental consent and using the TikTok LIVE feature, which combines livestreaming with monetary gifts through a virtual currency to profit from promoting fraudulent, illegal and predatory behavior on children.

Like the decision denying a motion to dismiss in the State v. Meta case in December, this ruling is the first step toward holding TikTok accountable for its actions in New Hampshire. Formella expressed strong support for the court's decision, emphasizing that it is a critical step in holding corporations accountable for putting profits over the safety of our kids.