Tennessee Attorney General Jonathan Skrmetti has filed a motion in the Twentieth Judicial District of Tennessee, requesting the court to take action against TikTok, Inc. for its failure to preserve and produce key evidence in an ongoing investigation into potential violations of Tennessee consumer protection laws.
The motion also seeks to enforce TikTok’s compliance with a previous court order issued on April 17, 2023.
“Despite a court order and ample time to comply, TikTok continues to cover up the extent of its destruction of evidence and dodge our investigative demands as we fight to reveal the truth about TikTok’s impact on kids,” said Tennessee Attorney General Skrmetti. “My Office will not cease our ongoing effort to hold TikTok and other social media companies accountable for their misconduct. Tennessee appreciates the 22 states who filed a brief supporting our effort to hold TikTok accountable.”
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The court had previously mandated TikTok to produce relevant evidence, but the company has failed to comply, and in some cases, outright refused to provide the required materials. The investigation, part of a broader bipartisan effort among state attorneys general, is examining whether TikTok engaged in deceptive practices that negatively impacted the mental health of Tennessee’s youth.
In response to TikTok’s non-compliance, Attorney General Skrmetti is seeking the following court-ordered remedies:
- Imposition of a civil penalty of $1,000 under TENN. CODE ANN. § 47-18-106(e) for the destruction of evidence.
- An order compelling TikTok to produce all documents related to interviews of custodians conducted by the company’s internal and external legal counsel regarding the evidence destruction.
- An order requiring TikTok to produce relevant text messages between the company’s executives and Trust & Safety Communications personnel.
- A directive for TikTok to produce unredacted copies of materials previously provided with redactions, purportedly required by the Stored Communications Act.
- A requirement for TikTok to produce all preserved metadata related to group secure chat threads.
- A mandate for TikTok to provide a comprehensive privilege log with all future rolling productions in the investigation.
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In support of Tennessee’s motion, a coalition of 22 state attorneys general filed an amicus brief urging the court to compel TikTok’s compliance.
Attorney General Skrmetti emphasized the ongoing commitment of his office to protect Tennessee’s children from social media companies that prioritize profits over the well-being of vulnerable users.
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