Indiana judge dismisses state’s lawsuit against TikTok that alleged child safety, privacy concerns
By Isabella Volmert, The Associated Press on November 29, 2023.
INDIANAPOLIS (AP) – An Indiana county judge on Wednesday dismissed a lawsuit filed by the state accusing TikTok of deceiving its users about the level of inappropriate content for children on its platform and the security of its consumers’ personal information. A pair of lawsuits filed in December 2022 accused the app of misleading its viewers – particularly children – alleging the app contains “salacious and inappropriate content” despite the company claiming it is safe for children 13 years and under. In the second complaint, the state argued that the app deceives consumers into believing their sensitive and personal information is secure. The lawsuits have since been consolidated. The latest hearing on the motion to dismiss was held in October. Judge Jennifer L. DeGroote of the Allen County Superior Court in Fort Wayne made the ruling. The dismissal is an apparent national first with similar lawsuits pending in Arkansas and Utah. It was not immediately clear whether Attorney General Todd Rokita’s office, which filed the lawsuits, would appeal the ruling. There were previous signs of skepticism from courts about the Republican attorney general’s arguments. In May, an Indiana county judge ruled that downloading the free app does not equate to a consumer transaction under state law, dealing a blow to Rokita, who has cast himself as an enemy of social media giants including Meta. Allen County Superior Court Judge Craig Bobay also ruled at that time that state courts do not have authority over TikTok’s statements to Apple’s app store as both companies are based in California. He added that no aspect of the “age rating process” takes place in Indiana. A federal judge later rejected TikTok’s request to move the lawsuit to federal court, but also described the attorney general’s lawsuit as largely ” political posturing “ in a ruling. 10-9
