Virginia Attorney General Jason Miyares’s lawsuit against TikTok and its parent company ByteDance Ltd. will continue in Richmond City Circuit Court after the court rejected TikTok’s request to dismiss the case.
In a decision issued today, the court denied TikTok’s demurrer and motion to dismiss. The court found that the complaint from Attorney General Miyares included enough allegations of multiple violations of the Virginia Consumer Protection Act to proceed on all counts. The court also ruled that the claims were not blocked by Section 230 of the Communications Decency Act, the First Amendment, or federal preemption.
The lawsuit, which was filed on January 17, 2025, claims that TikTok was intentionally designed to be addictive for adolescent users. It also alleges that TikTok and ByteDance misled parents and Virginians about the app’s content, including representing it as appropriate for children over 12 or as rated T for Teen. The suit further claims that TikTok misrepresented its connection to, and potential for abuse by, the Chinese government and Communist Party.
“The court stated that Attorney General Miyares’s complaint had sufficient allegations of multiple violations of the Virginia Consumer Protection Act by TikTok to proceed on all counts. The court also held that the Attorney General’s claims were not barred by Section 230 of the Communications Decency Act, the First Amendment, or federal preemption.”
The full court opinion is available online.
