Virginia’s lawsuit against TikTok and its China-based parent company ByteDance Ltd. will move forward in state court, despite TikTok’s efforts to have it dismissed.
Richmond City Circuit Court Judge Richard B. Campbell ruled on October 24 that the case brought by Virginia Attorney General Jason Miyares is legally sufficient to state a cause of action against the social media company for multiple violations of the Virginia Consumer Protection Act (VCPA).
The court also held that the claims are not barred by Section 230 of the federal Communications Decency Act, the First Amendment, national security, or other federal laws.
The attorney general’s suit, filed on January 17, 2025, alleges that the app TikTok was intentionally designed to be addictive for adolescent users, and that the companies have been misleading parents and Virginians about TikTok’s content, including by claiming the app is appropriate for children over the age of 12 or rated T for Teen. It also alleges TikTok misled the public regarding the app’s connection to, and potential for abuse by, the Chinese government and Communist Party.
Regarding Section 230 immunity that TikTok claims shields it from liability for content on its platform, the court said Section 230 does not shield service providers from claims based on information the platforms themselves supply. Rather it only shields them from data provided by others.
Regarding TikTok’s free speech defense, the court said misleading commercial speech that is the subject of the lawsuit is not protected by the First Amendment. The court also dismissed TikTok’s claims that the VCPA intrudes on national security and conflicts with federal law.
“I am pleased with the court’s decision denying TikTok’s attempts to dismiss our lawsuit. In the Commonwealth — and across the country — TikTok has put kids in harm’s way, and exposed them to mature, explicit, and dangerous content,” said Miyares.
‘Massive Legal Siege’ Against Social Media Companies Looms
Virginia’s is one of more than a dozen lawsuits by states against TikTok. The U.S. Justice Department sued TikTok in August.
In addition there are many lawsuits targeting social media companies including Facebook, Instagram, Snapchat, TikTok and YouTube for allegedly knowingly designing their platforms to addict young users. Thousands of these personal injury lawsuits have been consolidated into two cases, one in state court in California and another in federal court.
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