Office of the Attorney General of the State of Alabama

10/09/2024 | Press release | Distributed by Public on 10/09/2024 12:36

Bipartisan Coalition Seek Court Enforcement as TikTok Fails to Preserve and Produce Evidence in Multistate Investigation

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For Immediate Release:
October 9, 2024

For press inquiries only, contact:
Amanda Priest (334) 322-5694
William Califf (334) 604-3230

(Montgomery, Ala.)-Alabama Attorney General Steve Marshall joined a coalition of 22 attorneys general in urging a Tennessee court to enforce its orders that require TikTok to comply with an ongoing multistate consumer protection investigation and to preserve and produce relevant evidence.

The multistate group began an investigation into TikTok in 2022 to determine whether TikTok is violating state consumer protection laws in ways that have fueled the ongoing crisis in the mental health of children and teens. Various states, including Alabama and Tennessee, have issued requests for information related to TikTok's business practices.

Last year, when TikTok failed to produce the requested information, 46 states filed an amicus brief in support of Tennessee when it sought an enforcement action in state court to compel TikTok to comply with its requests. The court has twice ordered TikTok to produce responsive documents and witnesses for deposition, but TikTok has failed to fully comply with these orders.

The multistate coalition has again filed an amicus brief in support of Tennessee's further efforts to compel TikTok's compliance with the court's order.

The brief asserts that TikTok's failure to preserve potentially relevant evidence and to produce information in a reasonably useable format is impeding the multistate investigation of TikTok. The brief emphasized that a resolution from the court is critical. Without it, companies will increasingly be emboldened to destroy relevant evidence which will materially hinder a state's ability to protect its residents.

"TikTok is not above the law and must comply with the court order. The rule of law must carry the day as we seek to better understand the impact that this platform may be having on the mental health and safety of America's youth," said Attorney General Marshall.

In parallel with the coalition's amicus filing, more than a dozen states also filed state court lawsuits against TikTok yesterday. While these states pursue litigation, the states joining the amicus brief will continue to use their investigatory powers to understand the full scope of TikTok's conduct and potential consumer protection violations.

These actions are all part of the multistate coalition's continued coordinated efforts to hold TikTok accountable for its role in harming youth mental health.

Also joining the amicus brief are the attorneys general from Arizona, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Maine, Maryland, Michigan, Minnesota, North Dakota, Oklahoma, Ohio, Pennsylvania, Rhode Island, South Dakota, Virginia, and Wisconsin.

To read the full brief, click here.

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