Appeals court reinstates Indiana lawsuit against TikTok alleging child safety, privacy concerns

INDIANAPOLIS (AP) — The Indiana Court of Appeals has reinstated a lawsuit filed by the state accusing TikTok of deceiving its users about the video-sharing platform’s level of inappropriate content for children and the security of its consumers’ personal information.

In a 3-0 ruling issued Monday, a three-judge panel of the state appeals court reversed two November 2023 decisions by an Allen County judge which dismissed a pair of lawsuits the state had filed in December 2022 against TikTok.

Those suits, which have been consolidated, allege the app contains “salacious and inappropriate content” despite the company claiming it is safe for children 13 years and under. The litigation also argues that the app deceives consumers into believing their sensitive and personal information is secure.

In November’s ruling, Allen Superior Court Judge Jennifer L. DeGroote found that her court lacked personal jurisdiction over the case and reaffirmed a previous court ruling which found that downloading a free app does not count as a consumer transaction under the Indiana Deceptive Consumer Sales Act.

But in Monday’s ruling, Judge Paul Mathias wrote on behalf of the appeals court that TikTok’s millions of Indiana users and the $46 million in Indiana-based income the company reported in 2021 create sufficient contact between the company and the state to establish the jurisdiction of Indiana’s courts over TikTok, The Times of Northwest Indiana reported.

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