The Shadow
RICHMOND, Va. (VR) —Virginia Attorney General Jason Miyares’s lawsuit against TikTok and ByteDance Ltd., the China-based parent company of TikTok, will move forward in Richmond City Circuit Court, despite TikTok’s efforts to have it dismissed.
In an opinion issued today, the court denied in full TikTok’s demurrer and motion to dismiss the suit. The court stated that Attorney General Miyares’s complaint had sufficient allegations of multiple violations of the Virginia Consumer Protection Act by TikTok to proceed on all counts. The court also held that the Attorney General’s claims were not barred by Section 230 of the Communications Decency Act, the First Amendment, or federal preemption.
“I am pleased with the Court’s decision denying TikTok’s attempts to dismiss our lawsuit. In the Commonwealth — and across the country — TikTok has put kids in harm’s way, and exposed them to mature, explicit, and dangerous content,” said Attorney General Jason Miyares. “We will move forward with our efforts to protect Virginia consumers, especially children, from this deceptive and harmful conduct, and seek to hold TikTok accountable.”
The Attorney General’s suit, filed on January 17, 2025, alleges that the app TikTok was intentionally designed to be addictive for adolescent users, and that the companies deceived parents and Virginians about TikTok’s content, including by claiming the app is appropriate for children over the age of 12 or rated T for Teen. It also alleges TikTok misled the public regarding the app’s connection to, and potential for abuse by, the Chinese government and Communist Party.
