United States of America: Denied TikTok and ByteDance's motion to dismiss lawsuit regarding alleged illegal data-sharing practices (Case No. 70Cv-23-135)

Description

Denied TikTok and ByteDance's motion to dismiss lawsuit regarding alleged illegal data-sharing practices (Case No. 70Cv-23-135)

On 28 June 2024, the Arkansas Union County Circuit Court dismissed TikTok and ByteDance's request to dismiss Arkansas's Attorney General (AG) lawsuit on alleged illegal data-sharing practices (Case No. 70Cv-23-135). The AG sued TikTok Inc., TikTok PTE Ltd., ByteDance Inc., and ByteDance Ltd., alleging the platform misleads users about its data safety protocols. The AG also claimed that TikTok falsely stated that it was not subject to Chinese law and that it did not share data with Chinese officials. The AG sought a permanent injunction to stop TikTok from making deceptive statements about its data privacy policy, to order the deletion of data collected on Arkansas residents, and to impose civil penalties. TikTok argued that the court lacked jurisdiction, that the allegations did not support a claim under the Arkansas Deceptive Trade Practices Act (ADTPA), and that the requested relief would violate the US Constitution. The court rejected these arguments, denying the motion to dismiss the lawsuit.

Original source

Scope

Policy Area
Data governance
Policy Instrument
Cross-border data transfer regulation
Regulated Economic Activity
platform intermediary: user-generated content, other service provider
Implementation Level
subnational
Government Branch
judiciary
Government Body
court

Complete timeline of this policy change

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2023-03-28
under deliberation

On 28 March 2023, Arkansas's Attorney General (AG) filed a lawsuit against TikTok Inc., TikTok PTE …

2024-06-28
under investigation

On 28 June 2024, the Arkansas Union County Circuit Court dismissed TikTok and ByteDance's request t…