A coalition of 42 attorneys general, representing both sides of the political spectrum, has initiated legal action against Meta, alleging that certain features on its Facebook and Instagram platforms are intentionally addictive and targeted towards children and teenagers. The move, announced on Tuesday, signifies a substantial legal threat to Meta’s operations.
Meta is now contending with multiple lawsuits in various jurisdictions. Thirty-three states have jointly filed a federal suit against Meta in the Northern District of California, while nine additional states are pursuing legal action independently, according to a press release from New York Attorney General Letitia James’ office. Alongside New York, the states involved in the federal suit encompass California, Colorado, Louisiana, Nebraska, South Carolina, Washington, and Wisconsin.
These lawsuits underscore the bipartisan commitment of state law enforcement officials to shield young individuals from online harm.
During a press conference following the filing of the lawsuit, Tennessee Attorney General Jonathan Skrmetti emphasized the significance of the attorneys general from both parties uniting in the same direction. “We have polarization the likes of which we have not seen since the Civil War,” he stated. “For all of the attorneys general from both parties, people who frequently disagree very vocally and very publicly, to all come together and to move in the same direction, I think that says something.”
Colorado Attorney General Phil Weiser, at the same press conference, highlighted the gravity of the situation, stating, “This is not an action we take lightly. This is not a case that we know is going to be decided very quickly. But it’s of the utmost importance. That’s why we dedicated level resources of the state agencies brought together here addressing issues that are top of our national agenda.”
This is not the first instance of a wide-ranging group of state attorneys general joining forces to confront Meta. In 2020, 48 states and territories filed a lawsuit against the company on antitrust grounds, accompanied by a separate complaint from the Federal Trade Commission.
The attorneys general allege that Meta engineered its Facebook and Instagram platforms to extend the duration of young users’ engagement and encourage repeated visits. According to the federal complaint, Meta achieved this through the design of its algorithms, frequent alerts, notifications, and the use of the “infinite scroll” feature through platform feeds. The company’s inclusion of certain features, such as “likes” or photo filters, is purported to negatively impact teenagers’ mental health by fostering social comparison and promoting body dysmorphia.
The federal suit also accuses Meta of violating the Children’s Online Privacy Protection Act (COPPA) by collecting personal data from users under the age of 13 without parental consent.
The states are seeking to halt what they perceive as Meta’s harmful practices, in addition to demanding penalties and restitution.
According to the attorneys general, Meta was well aware of the adverse effects its design could have on young users. “While Meta has publicly denied and downplayed these harmful effects, it cannot credibly plead ignorance,” stated a press release from James’ office. “Meta’s own internal research documents show its awareness that its products harm young users. Indeed, internal studies that Meta commissioned — and kept private until they were leaked by a whistleblower and publicly reported — reveal that Meta has known for years about these serious harms associated with young users’ time spent on its platforms.”
Former Facebook employee Frances Haugen created a stir among lawmakers and parents in 2021 by leaking internal documents from the company that revealed its internal research on its products. One set of documents detailing Instagram’s impact on teens indicated that “thirty-two percent of teen girls said that when they felt bad about their bodies, Instagram made them feel worse,” as reported by The Wall Street Journal prior to Haugen’s disclosure of her identity. Following the report, Instagram announced efforts to redirect users from fixating on negative content.
“It should have been the practice of Meta to alert people that they were dealing with a dangerous, potentially addictive product before they started using it,” said District of Columbia Attorney General Brian Schwalb in a phone interview with CNBC, who is among the attorneys general that filed an individual suit against Meta, alleging a violation of the district’s consumer protection law.
In response to the allegations, Meta spokesperson Andy Stone stated, “We share the attorneys general’s commitment to providing teens with safe, positive experiences online, and have already introduced over 30 tools to support teens and their families. We’re disappointed that instead of working productively with companies across the industry to create clear, age-appropriate standards for the many apps teens use, the attorneys general have chosen this path.”
Several of the practices highlighted by the attorneys general regarding Meta are akin to those employed by other social media companies, such as the use of algorithms to maintain user engagement.
Skrmetti informed reporters that the lawsuits against Meta are just one aspect of “an industry-wide investigation.” “This is not just about Meta, but as one of the biggest players and as an entity where there’s clear evidence of misleading the public and making deliberate decisions that hurt kids, I think it’s appropriate that we lead off with this particular lawsuit,” he asserted.
Last year, a bipartisan group of state attorneys general stated that they were investigating TikTok over similar concerns regarding child online safety.
Schwalb remarked that the multistate lawsuit against Meta could potentially serve as a platform for settlement discussions across the industry or, as he added, “it could take individual litigation driving each company into good behavior over time.”
He further commented, “All human beings are susceptible to FOMO,” referring to the fear of missing out. “But particularly 12- to 14-, 15-, 16-year-old kids. They’re the ones who are really worried about missing out. All of that is part of the built-in DNA that Meta uses to keep people hooked.”
The broad coalition of bipartisan attorneys general underscores the widespread concern among law enforcement officials on both sides of the political spectrum regarding consumer protection issues of this nature. President Joe Biden has also highlighted the importance of safeguarding children’s safety and mental well-being online in his State of the Union address.
