Utah’s legal battle against TikTok will continue

A judge denied TikTok’s motion to dismiss Utah’s lawsuit against the company.
Utah first filed its lawsuit in October 2023 against the company alleging violations of the Utah Consumer Protection Act. The state claimed TikTok deceptively portrayed the app as safe. Then in December, TikTok tried to dismiss the lawsuit.
The order signed Tuesday denied TikTok’s attempt to dismiss the lawsuit. This means the litigation will most likely continue.
TikTok did not immediately return a request for comment.
Utah Attorney General Sean Reyes said in a statement he was thrilled with the ruling and called it a crucial step in “our battle against the harmful practices of TikTok.”
“We refuse to let a social media giant evade responsibility for its role in fostering addiction and exposing our children to multifarious threats,” said Reyes. “This case is all about safeguarding our kids and holding TikTok accountable for its actions.”
Margaret Busse, executive director of Utah Department of Commerce (which houses the Division of Consumer Protection — the plaintiff), said they will be steadfast as they protect children.
“TikTok’s deceptive practices must be addressed, and we will continue our fight to ensure the welfare of Utah’s children is prioritized,” said Busse.
“It is not an unreasonable burden to have TikTok litigate in Utah,” said the order. “TikTok has failed to show that litigating in Utah would place it at a ‘severe disadvantage.’”
The order said Utah’s Division of Consumer Protection is alleging harm done to Utah residents breaking Utah law — this means Utah does have a stake in resolving the dispute.
While TikTok had argued they were immune under a law known as Section 230, the order of the court disagreed. Section 230 protects platforms from being held liable for content published on the platform by third-parties (i.e. not the company itself). This law has been one to prevent lawsuits against social media companies from moving forward in the past.
The order said the state’s claims against TikTok were content neutral and didn’t apply in the case of Section 230.
“The claims of the Division are not attempting to hold TikTok accountable as a publisher of user-generated content, but rather seeking recourse for the harmful algorithms that are causing injury to the application’s users,” the order said. It later explained the claims were based on features and practices caused by TikTok itself.
TikTok had also challenged the lawsuit on First Amendment grounds and the order said “the issue isn’t about the type of content shared on TikTok, but rather about TikTok’s practices and representations that impact how the platform is used.”
This isn’t the only suit the state has filed against TikTok. The state also filed a separate lawsuit earlier this year about TikTok LIVE.