Month: October 2023

(Hartford, CT) — Attorney General William Tong today joined 42 attorneys general throughout the country suing Meta in federal and state courts alleging that the company knowingly designed and deployed harmful features on Instagram and its other social media platforms that purposefully addict children and teens. At the same time, Meta falsely assured the public that these features are safe and suitable for young users.

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The attorneys general assert that Meta’s business practices violate state consumer protection laws and the federal Children’s Online Privacy Protection Act (COPPA). These practices have harmed and continue to harm the physical and mental health of children and teens and have fueled what the U.S. Surgeon General has deemed a “youth mental health crisis” which has ended lives, devastated families, and damaged the potential of a generation of young people. 

“Meta saw American kids as a ‘valuable and untapped market’—nameless factors on a bottom line to maximize profits. They enabled kids to access addictive platforms riddled with harmful messages built to override self-control that one developer likened to ‘behavioral cocaine.’ Their abusive practices have unleashed a youth mental health catastrophe. Attorneys general today are blanketing the country in coordinated federal and state court actions to hold Meta accountable for their blatant violations of consumer protection and child privacy laws. Meta’s actions are egregious, but we know they are not the only bad actor in social media. Other investigations—including into TikTok—are active and ongoing and we will not hesitate to use the full weight of our enforcement authority to force this broken industry to respect the law and the safety and wellbeing of our children,” said Attorney General Tong.

“Businesses have a duty to minimize the harm their product may cause, and to disclose when their product may have harmful effects, particularly on children,” said Department of Consumer Protection Commissioner Bryan T. Cafferelli. “Our priority is to protect public health and safety, and I support the Attorney General in joining this action to bring about change in Meta’s business practices.”

The federal complaint, joined by Connecticut and 32 other states and filed in U.S. District Court for the Northern District of California, alleges that Meta knew of the harmful impact of its platforms, including Facebook and Instagram, on young people. Instead of taking steps to mitigate these harms, it misled the public about the harms associated with use of its platform, concealing the extent of the psychological and health harms suffered by young users addicted to use of its platforms. The complaint further alleges that Meta knew that young users, including those under 13, were active on the platforms, and knowingly collected data from these users without parental consent. It targeted these young users noting, as reported in a 2021 Wall Street Journal article, that such a user base was “valuable, but untapped.”

While much of the complaint relies on confidential material that is not yet available to the public, publicly available sources including those previously released by former Meta employees detail that Meta profited by purposely making its platforms addictive to children and teens. Its platform algorithms push users into descending “rabbit holes” in an effort to maximize engagement. Features like infinite scroll and near-constant alerts were created with the express goal of hooking young users. These manipulative tactics continually lure children and teens back onto the platform. As Aza Raskin, the original developer of the infinite scroll concept, noted to the BBC about the feature’s addictive qualities: “If you don’t give your brain time to catch up with your impulses, . . . you just keep scrolling.”

Meta knew these addictive features harmed young people’s physical and mental health, including undermining their ability to get adequate sleep, but did not disclose the harm nor did they make meaningful changes to minimize the harm. Instead, they claimed their platforms were safe for young users.

These choices, the complaint alleges, violate state consumer protection laws and COPPA. The federal complaint seeks injunctive and monetary relief to rectify the harms caused by these platforms.

In parallel complaints filed in state courts today, eight states have made similar allegations.

These lawsuits are the result of a bipartisan, nationwide investigation led by the attorneys general of Colorado and Tennessee. Nearly all the attorneys general in the country have worked together since 2021 to investigate Meta for providing and promoting its social media platforms to children and young adults while use is associated with physical and mental health harms. While some states have pursued litigation in state court and others in collective federal action, the attorneys general will continue to work together as the litigation continues.

The multistate coalition that brought today’s complaint is also investigating TikTok’s conduct on a similar set of concerns. That investigation remains ongoing, and states have pushed for adequate disclosure of information and documents in litigation related to TikTok’s failure to provide adequate discovery in response to requests by the Tennessee Attorney General’s office.

States joining the federal lawsuit are Arizona, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Missouri, Nebraska, New Jersey, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Virginia, Washington, West Virginia, and Wisconsin.

Filing lawsuits in their own state courts are the District of Columbia, Florida, Massachusetts, Mississippi, New Hampshire, Oklahoma, Tennessee, Utah, and Vermont.

Lauren Bidra, Special Counsel for Media and Technology and Legal Intern Caroline McCormack assisted the Attorney General in this matter.

WASHINGTON–U.S. Senators Chris Murphy (D-Conn.) and Richard Blumenthal (D-Conn.) joined a group of 32 colleagues in urging Congressional leaders to extend funding for the Affordable Connectivity Program, which provides financial assistance to access high-speed internet for 172,54 households in Connecticut and more than 21 million working families across the nation.

“We write to urge you to extend funding for the Affordable Connectivity Program (ACP), which provides over 21 million working families with financial assistance for broadband access, to help bridge the digital divide so they can continue to afford the broadband services they need for work, school, health care, and more,” wrote the senators. “Should ACP funding not be extended, millions of Americans could be at risk of losing access to broadband.”

“Failing to extend funding would be irresponsible,” they continued. “We urge you to extend funding for the ACP in a government appropriations package and include a long-term solution that ensures efficient spending of taxpayer dollars.”

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