United States of America: Supreme Judicial Court of Massachusetts denied Meta's motion to dismiss claims alleging unfair and deceptive business practices targeting youth

On 10 April 2026, the Supreme Judicial Court of Massachusetts denied a motion to dismiss filed by Meta Platforms and Instagram in relation to a complaint submitted on 24 October 2023 by the Attorney General of Massachusetts under Massachusetts General Laws Chapter 93A, § 2. The Court found that Section 230(c)(1) of the Communications Decency Act (47 U.S.C. § 230) did not prevent the four claims from proceeding. The first claim concerns alleged unfair practices linked to the design of Instagram features, such as notifications, infinite scroll, autoplay content, time-limited features, and variable reward mechanisms, rather than third-party content. The second and third claims relate to alleged misstatements made by Meta regarding the platform’s safety, its potential for addictive use, and the presence of users under the age of 13. The third claim also addresses the design and effectiveness of age verification measures. The fourth claim, concerning public nuisance, is based on the same underlying conduct described in the previous claims.