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LAWSUIT UPDATE

New Mexico Attorney General Sues TikTok and Snap for Targeting Minors with Addictive Algorithms

New Mexico's Attorney General filed a sweeping lawsuit against TikTok and Snap alleging both companies knowingly deployed predatory engagement systems targeting children as young as 10, in violation of state consumer protection law.

What is New Mexico's lawsuit against TikTok and Snap alleging?

New Mexico Attorney General Raúl Torrez filed a civil lawsuit in Santa Fe District Court alleging that TikTok's "For You Page" algorithm and Snap's "Snapstreaks" feature were deliberate behavioral engineering tools specifically calibrated to exploit the neurological vulnerabilities of children as young as 10. Internal communications obtained through prior litigation in other states show product teams explicitly discussed the addictive potential of these features and chose to deploy them without age-appropriate safeguards.

  • Filed by: New Mexico AG Raúl Torrez in Santa Fe District Court
  • Defendants: TikTok (ByteDance) and Snap Inc.
  • Youngest targeted users alleged: Children as young as 10 years old
  • TikTok feature at issue: "For You Page" algorithmic recommendation engine
  • Snap feature at issue: "Snapstreaks" — a compulsive daily engagement mechanic

How does filing under state consumer protection law sidestep Section 230?

By filing under New Mexico's Unfair Practices Act rather than federal tort law, the Attorney General sidesteps Section 230 entirely, because state consumer protection statutes regulate business conduct — not content. This means the platforms cannot claim immunity for the design and marketing decisions at the center of the case, only for the content users post.

  • New Mexico Unfair Practices Act regulates deceptive business conduct, not speech
  • Section 230 immunity applies to content liability — not to deceptive product design claims
  • This state consumer protection approach is now being used by 40+ state AGs
  • Consumer protection cases can result in injunctive relief — court orders to change product design
  • State cases can move faster than federal MDL proceedings and produce faster design-change orders

What does the 40-state attorney general coalition mean for social media platforms?

More than 40 state attorneys general have filed or are preparing similar actions, representing a coordinated legal strategy designed to build a body of state-level case law that can survive federal preemption arguments and ultimately force legislative action at the national level. The sheer volume of simultaneous state actions makes a comprehensive national settlement increasingly likely.

  • 40+ state AGs have filed or are preparing consumer protection actions against social media platforms
  • Coordinated strategy: Build state case law that survives federal preemption challenges
  • Goal: Force legislative action at the national level through litigation pressure
  • State injunctive relief can require platform design changes faster than federal litigation
  • A national settlement framework becomes more likely as the number of state actions increases

Source: Editorial Summary — Social-Media-Addict.com . This article is for educational purposes only and does not constitute legal or medical advice.

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