Judge denies request to throw out Utah’s lawsuit against TikTok
Nov 12, 2024, 7:00 PM
Utah Attorney General Sean Reyes discusses details of a lawsuit filed against TikTok as he joins Gov. Spencer Cox at a press conference at the Capitol in Salt Lake City on Tuesday, Oct. 10, 2023. (Scott G Winterton, Deseret News)
(Scott G Winterton, Deseret News)
SALT LAKE CITY — The state of Utah scored a big win on Tuesday when a judge denied a request from TikTok.
TikTok had asked that Utah’s October 2023 lawsuit against them be thrown out.
In that lawsuit, the Utah Department of Commerce’s Division of Consumer Protection accused TikTok of using deceptive practices. Namely, the division said TikTok’s practices kept kids hooked on the app. After an extensive investigation, the division claimed that TikTok’s practices were like “digital nicotine” to Utah’s youth.
TikTok officials offered a number of arguments when they asked for the lawsuit to be thrown out. All were denied Tuesday by Third District Court Judge Richard Daynes.
“One was: ’but you don’t have jurisdiction over us,'” KSL Legal Analyst Greg Skordas said. “And the judge says, ‘if you’re doing business in Utah, we got jurisdiction over you, whether you’re a Utah corporation or not.”
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Another argument from TikTok claimed the Utah Consumer Practices Act only vaguely relates to TikTok.
“The judge said ‘it’s not vague, and that’s why we’re going to trial. So we’re going to keep it on trial,'” Skordas said.
Finally, TikTok officials argued that the First Amendment protects them and that Utah is trying to regulate their content.
“The judge says ‘they’re not regulating your content at all,'” Skordas said. “‘They’re just trying to get into the way that you are attracting young people … onto your platform.'”
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Attorney General Sean Reyes said in a press release that he is “thrilled” with this ruling.
“Today’s decision is a crucial step forward 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,” he said.
“TikTok’s deceptive practices must be addressed, and we will continue to fight to ensure the welfare of Utah’s children is prioritized,” Executive Director of the Utah Department of Commerce Margaret Busse said in a press release.
The lawsuit’s trial date is unknown at this time.
