TN AG Skrmetti Files Motion Seeking Remedies for TikTok's Continuous Failure to Preserve and Produce Evidence

TN AG Skrmetti Files Motion Seeking Remedies for TikTok's Continuous Failure to Preserve and Produce Evidence

Tuesday, October 08, 2024 | 11:59am

NASHVILLE - Today, Tennessee Attorney General Jonathan Skrmetti filed a motion in the Twentieth Judicial District of Tennessee requesting the court provide remedies to address TikTok, Inc.'s failure to preserve and produce relevant evidence in response to the State's investigation of the company's possible violation of Tennessee consumer protection laws. Attorney General Skrmetti also moved the court to compel TikTok's compliance with an order entered by the court on April 17, 2023.

"Despite a court order and ample time to comply, TikTok continues to cover up the extent of its destruction of evidence and dodge our investigative demands as we fight to reveal the truth about TikTok's impact on kids," said Tennessee Attorney General Skrmetti. "My Office will not cease our ongoing effort to hold TikTok and other social media companies accountable for their misconduct. Tennessee appreciates the 22 states who filed a brief supporting our effort to hold TikTok accountable."

Previous court orders required the social media company to produce relevant evidence, but TikTok has failed (and in some instances expressly refused) to provide those materials to the Attorney General. Tennessee's investigation is part of a bipartisan, nationwide investigation by state attorneys general into whether TikTok engaged in unfair and deceptive conduct that harmed the mental health of Tennessee kids. In response to TikTok's continued failure to comply, Attorney General Skrmetti has requested the court issue an order including the following relief:

• Impose a civil penalty on TikTok of $1,000 pursuant to TENN. CODE ANN. § 47-18-106(e) for spoliation of evidence;
• Direct TikTok to produce all documents related to interviews of custodians conducted by the Company's in-house and outside counsel as part of an internal investigation into spoliation;
• Compel TikTok to produce relevant text messages sent or received by the Company's executives as well as Trust & Safety Communications personnel;
• Compel TikTok to produce unredacted copies of materials previously produced with redactions purportedly required by the Stored Communications Act;
• Compel TikTok to produce all preserved metadata associated with group secure chat threads;
• Compel TikTok to produce a comprehensive privilege log with all future rolling productions in the State's investigation.

In addition to Tennessee's motion filed today, a multistate coalition of 22 state attorneys general filed an amicus brief supporting Tennessee's efforts to compel TikTok's compliance with the court's order. Their brief in support can be found here.

The Tennessee Attorney General's Office will continue to fight to protect Tennessee kids from social media companies who value their profits over their vulnerable users' mental health.

You can read Tennessee's filed motion here.

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