Lawsuit Targets TikTok Over Child Safety Gaps
State Attorney General JB McCuskey filed a lawsuit Thursday against social media company TikTok in Kanawha County Circuit Court, alleging the platform violates state consumer protection laws and puts children at risk.
Algorithm Tests Reveal Divergent Content
The filing claims the platform encourages continuous use while failing to disclose safety gaps to parents and caregivers. An investigation carried out by the Attorney General’s Office Consumer Protection Division uncovered significant discrepancies in the material presented to adult and youth profiles.
When researchers set up two separate profiles—one belonging to an adult and the other to a 13-year-old girl—the minor’s feed continually displayed sexually suggestive material, whereas the adult profile predominantly featured everyday topics such as local dining spots and home renovation.
Allegations of Predatory Exposure
“TikTok knowingly designed its app to keep young teens engaged for as long as possible while failing to put appropriate safeguards in place for underage users,” McCuskey said.
🚨 BREAKING: West Virginia sues TikTok, alleging app is 'harming kids'West Virginia has sued TikTok and its parent company, ByteDance, accusing the social media giant of deliberately keeping children hooked on its app while exposing them to sexualized content and potential…
The lawsuit alleges that the platform’s features make children discoverable and reachable, exposing them to potential predators who can manufacture familiarity and gain trust before parents are aware contact has occurred. The complaint also points to a West Virginia University study involving TikTok’s mental health risks, which found that more frequent TikTok use was associated with more depressive symptoms among children.
Opioid Crisis Context and Prior State Actions
Researchers noted that adverse childhood experiences, including substance use in the household, correlate to persistent sadness or hopelessness among teenagers. Such circumstances remain a relevant condition within West Virginia, which recorded the highest estimated proportion of minors impacted by opioid use nationwide in 2017.
The suit is the latest legal action taken by the Attorney General’s Office to hold tech companies accountable for youth safety. Earlier this month, the office sued OpenAI for its dangerous design. Back in August, West Virginia participated alongside several other states in a settlement with Meta that led to new safeguards for teenagers on Facebook and Instagram, and earlier in the year, the state secured an agreement with Roblox providing financial support for safety education alongside fresh protective measures.
Demands for Restitution and Reform
The lawsuit seeks restitution, disgorgement of ill-gotten gains, civil penalties, attorneys’ fees and costs, and injunctive relief requiring TikTok to implement effective child predator detection measures and protections.
