Attorneys General Join Wisconsin DOJ in Multi-State Lawsuit

by Daniel Perez - News Editor
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A coalition of 33 attorneys general, led by Wisconsin Attorney General Josh Kaul and California Attorney General Rob Bonta, filed a federal lawsuit against Meta Platforms Inc. in October 2023, alleging the company’s social media platforms—Instagram and Facebook—are intentionally designed to be addictive and harmful to children’s mental health. The litigation, centered in the U.S. District Court for the Northern District of California, marks a significant escalation in state-led efforts to regulate social media features.

## Why are states suing Meta?
The plaintiffs argue that Meta’s business model prioritizes user engagement over child safety. According to the official complaint, the company knowingly deployed features such as infinite scrolling, intermittent variable rewards, and sophisticated notification algorithms to maximize the time young users spend on its platforms. The states contend that these design choices contribute to a mental health crisis among minors, citing increased rates of anxiety, depression, and body dysmorphia.

“Meta has harnessed powerful technologies to entice, engage, and ultimately ensnare youth and teens,” the lawsuit states. The attorneys general assert that the company misled the public about the safety of its platforms while internally acknowledging the negative impact on adolescent well-being.

## What is the legal basis of the complaint?
The lawsuit alleges violations of both federal and state consumer protection laws. Specifically, the states claim Meta violated the Children’s Online Privacy Protection Act (COPPA) by collecting data from children under 13 without verifiable parental consent.

Beyond federal statutes, the coalition asserts that Meta’s conduct constitutes “unfair and deceptive” trade practices under various state laws. By marketing its platforms as safe for children while allegedly hiding internal research regarding the risks of compulsive use, the attorneys general argue that Meta engaged in a pattern of deception that caused measurable harm to minors.

## How does this compare to previous litigation?
This multi-state action follows years of mounting pressure on social media companies regarding their impact on younger demographics. Unlike the 2021 legislative efforts that sought to pass the Kids Online Safety Act (KOSA) at the federal level, this lawsuit uses the court system to force changes to platform architecture.

The scope of this coalition is notably broad, involving a bipartisan group of states including Arizona, Colorado, Connecticut, Delaware, and others. While individual lawsuits from school districts and parents have previously targeted Meta, the combined weight of 33 states provides a more significant legal challenge. Meta has publicly responded to these allegations by stating that it shares the parents’ goal of providing teens with safe, positive experiences online and that it has already introduced over 30 tools to support teens and their families.

## What happens next?
The case is currently in the discovery phase, where the court will review internal Meta documents and testimony regarding the company’s design decisions. The outcome of this litigation could lead to court-mandated changes in how social media platforms function for minors, potentially forcing the removal of features deemed addictive. Legal experts expect the proceedings to last several years, as Meta is likely to challenge the states’ standing and the merits of the allegations under existing federal law.

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