Pennsylvania’s legal actions against major tech companies continue, with Attorney General Dave Sunday now filing a lawsuit against TikTok. The case centers on accusations that the social media giant misleads parents about mature content while using design elements that keep younger users engaged.
According to Sunday, the lawsuit aims to establish “effective barriers and safeguards.” He stated at a press conference, “It’s an action rooted very simply in protecting children, as are our previous actions demanding accountability from big tech companies and AI producers.”
The 65-page complaint filed in Allegheny County Common Pleas Court accuses TikTok of violating Pennsylvania’s consumer protection law. The platform is allegedly presenting itself as suitable for users aged 13 and up without disclosing risks related to compulsive use.
This lawsuit is part of a broader trend, as a bipartisan group of 14 attorneys general previously filed similar suits against TikTok in 2024, addressing issues like endless scrolling and youth mental health.
Mature Content Concerns
A significant point of contention is TikTok’s content rating in app stores. The platform, previously rated 12+ in Apple’s App Store, now carries a 13+ rating. However, the complaint claims TikTok’s descriptions of sexual content, nudity, and other mature themes as “infrequent” or “mild” are misleading.
“TikTok deliberately misrepresents their platform to achieve an age rating of 13+,” Sunday asserted. Internal communications revealed by The Washington Post show Apple had previously urged TikTok to revise its rating due to “frequent or intense mature or suggestive content.”
Sunday argues that the current rating allows TikTok to expand its audience and increase advertising revenue. “The more users that are on their app, the more eyeballs for advertising, which is their main revenue stream,” he explained.
The lawsuit suggests a higher age rating would enable parents to use controls on certain devices to prevent children from downloading the app.
Additionally, the state alleges TikTok’s claims about tools like Restricted Mode and Family Pairing, which are meant to help parents manage their children’s usage, are misleading. “The age restrictions that TikTok purports to maintain are essentially worthless,” Sunday said.
Features Designed to Engage
The complaint also targets TikTok’s “addictive-by-design” features, such as the personalized “For You” feed, endless scrolling, and push notifications. These elements are designed to keep users engaged, according to the lawsuit.
Sunday highlighted feedback from teenagers during a series of “teenTALK” events where students admitted feeling unable to stop using the app despite knowing it was unhealthy. Many mentioned the term “bedrot,” describing extended periods of scrolling in bed.
The lawsuit claims TikTok continually refines the videos shown to users, removing natural stopping points and encouraging prolonged engagement.
According to Pew Research Center data, over two-thirds of American teens use TikTok, with about 1 in 5 using it “almost constantly.” Despite this, internal documents from another state’s lawsuit suggest TikTok is aware its safety measures are largely ineffective.
In response, a TikTok spokesperson told WHYY News that the lawsuit is misleading and overlooks existing safety measures. “Teen accounts have 50 preset safety, privacy and security settings built-in, and TikTok’s Family Pairing tools give parents direct control over screen time and content filters,” they said, adding that the company will “vigorously defend against these claims.”
State Demands Reforms
Pennsylvania’s Attorney General is seeking a court declaration that TikTok’s practices are unlawful, alongside changes in those practices and civil penalties. The lawsuit also requests restitution and coverage of legal costs.
Sunday emphasized that the primary goal is to push for platform changes. “Our goal as we are driving this lawsuit is to argue for and advocate for and demand injunctive relief,” Sunday stated. “What we are seeking is not to grab as much money as humanly possible; it’s to ensure there’s an environment that’s as safe as humanly possible for children.”
He added that Pennsylvania has communicated with TikTok and plans to collaborate with other state attorneys general as the lawsuit moves forward. Sunday currently serves as co-chair of the National Association of Attorneys General’s bipartisan Consumer Protection Committee.
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