Attorney General Ford Prevails Against TikTok at Nevada Supreme Court, Clears Way for Trial Against Social Media Company

Carson City, NV — Today, Nevada Attorney General Aaron D. Ford announced the Office of the Attorney General has cleared another major hurdle today in his litigation against social media giant TikTok, as the Nevada Supreme Court denied a writ petition filed by the company last December.

“TikTok has failed in its effort to evade justice in Nevada courts. Again. As this case continues, I am confident my office will prevail,” said Attorney General Ford. “The courts have made it clear — if you do business in Nevada and you hurt people in Nevada, you will face trial in Nevada. We will never stop working to hold social media companies accountable for the harm they have done to Nevada’s youth.”

In its petition filed last December, the social media giant attempted to challenge a lower court decision allowing the Office of the Attorney General’s case to proceed. According to TikTok, the social media platform should be immune from lawsuits generally, and TikTok should not have been subjected to Nevada courts’ jurisdiction. But, on Thursday, Nov. 6, the Nevada Supreme Court agreed with the Eighth Judicial District Court and held otherwise, clearing the way for Attorney General Ford’s case to proceed to trial.

The Nevada Supreme Court joins with a number of other state appellate courts around the country in holding that the federal Communications Decency Act, commonly referred to as “Section 230,” does not provide blanket immunity to social media platforms when they are accused of designing their products to be harmful. The decision, along with a brief concurrence, also describe in detail the court’s analysis of when a non-Nevada-based internet company may be called to face a judge and jury in Nevada.

Ford’s office has filed consumer protection lawsuits related to TikTok, Snapchat, Instagram, Facebook, Messenger, YouTube and Kik, all alleging harmful design features and a lack of common-sense online safety measures for children. Similar petitions for Snapchat, Instagram, Facebook and Messenger remain pending before the Nevada Supreme Court.

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