TikTok and parent company ByteDance are challenging a lawsuit in the North Carolina Supreme Court, arguing the state lacks jurisdiction over their platform design and advertising practices. The state alleges that TikTok's use of features like infinite scroll and autoplay constitutes deceptive trade practices by exploiting juvenile users.
The outcome of this jurisdictional challenge will determine if individual states can hold social video platforms accountable for algorithmic design choices under local consumer protection laws. If the North Carolina Supreme Court sides with ByteDance, it could create a high bar for state-level litigation against global streaming and social entities that lack physical infrastructure in specific regions. Conversely, a ruling for the state would validate the theory that harvesting user data and serving localized ads creates a sufficient legal nexus for prosecution. The broader streaming ecosystem is watching for a precedent on whether 'infinite scroll' and 'autoplay' can be legally classified as deceptive trade practices. Watch for the court's ruling to see if it establishes a new standard for virtual presence in digital commerce.
TikTok is confronting a growing wave of state-level litigation beyond North Carolina that tests similar legal theories about platform design and youth harm. In October 2024, California Attorney General Rob Bonta filed a lawsuit against TikTok alleging the platform's addictive features harmed children's mental health, arguing that the company deliberately engineered its product to keep young users scrolling. That California action, filed in San Francisco Superior Court, named specific design elements including autoplay, infinite scroll, and push notifications, mirroring the North Carolina complaint's factual allegations. The parallel structure of these cases suggests a coordinated strategy among state attorneys general to pressure ByteDance on multiple fronts simultaneously.
On the regulatory and business front, TikTok's legal exposure has intensified alongside legislative action at both state and federal levels. Congress passed the Protecting Americans from Foreign Adversary Controlled Applications Act in April 2024, which required ByteDance to divest TikTok's US operations or face a ban. Although enforcement was delayed multiple times through executive action, the law established a federal framework for scrutinizing ByteDance's control over US user data. Meanwhile, fourteen states joined a multistate lawsuit in October 2024 accusing TikTok of harming young users' mental health, creating a broad coalition that amplifies jurisdictional arguments similar to those at issue in North Carolina. The multistate approach complicates TikTok's defense strategy, which relies on arguing that no single state has sufficient nexus to regulate a globally accessible platform.
From a technical and design perspective, the legal claims against TikTok center on specific algorithmic and interface features that researchers have independently studied. A 2024 report from the Center for Countering Digital Hate found that TikTok's algorithm served harmful content to new teen accounts within minutes of sign-up, providing empirical support for the states' argument that the platform's design choices are intentional rather than incidental. The research documented that accounts created with birth dates indicating users aged 13 to 15 received content related to self-harm and eating disorders within an average of 2.6 minutes. This type of evidence strengthens the states' position that features like autoplay and infinite scroll function as deliberate engagement mechanisms targeting vulnerable users, rather than neutral technical choices. The North Carolina Supreme Court's ruling on jurisdiction will likely influence whether this category of design-evidence becomes admissible in state consumer protection proceedings nationwide, especially as Texas judge rules TikTok minor content filtering claims misled consumers.
TikTok and parent company ByteDance are challenging a North Carolina lawsuit, arguing the state lacks jurisdiction over their internationally accessible platform. The state alleges TikTok’s addictive features, like infinite scroll, exploit minors. This case is critical as it tests whether states can regulate global social platforms under local consumer protection laws.
TikTok and ByteDance argue that because the platform is internationally accessible and lacks specific physical infrastructure in North Carolina, the state courts do not have the legal jurisdiction to hear the case.
The lawsuit targets specific engagement features including infinite scroll, autoplay, and disappearing content, alleging they constitute deceptive trade practices that exploit juvenile users.
Special Deputy Attorney General Joshua Abram contends that TikTok has a virtual presence in North Carolina through millions of contracts with state residents and the delivery of geotargeted advertisements.
The ruling could set a precedent for whether individual states can hold global social platforms accountable for algorithmic design choices, influencing similar litigation currently occurring in other states like California.
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