""While operating a website accessible in many states in and of itself does not constitute express aiming, TikTok's interactive social media business model depends on capturing users' attention in order to collect demographic and behavioral data that it then sells to third-party advertisers," the court wrote. "The State alleged and supported with evidence that TikTok knew of and pursued its market success in Nevada and that young users have struggled with limiting their TikTok use due to the at-issue design features.""
"Ford the parent companies of TikTok, Snapchat, Instagram, Facebook and Messenger in January 2024, hiring outside lawyers at three firms to allege they have been designed to create young social-media addicts. His office said the apps use endless scrolling, "dopamine-inducing rewards" and other functions to exploit children for financial gain. The firms Nachawati Law Group, WH Law and Kemp Jones are working on an escalating contingency-fee contract ."
Nevada's Supreme Court ruled Clark County District Court has jurisdiction over TikTok because the company collected Nevada users' personal data and sold it to third-party advertisers. The court held that the Communications Decency Act does not preempt state claims that TikTok's design intentionally manipulated young users, causing harms to mental health, body image, and privacy. The court noted TikTok's business model relies on capturing attention to harvest demographic and behavioral data, and cited marketing in Reno and Las Vegas and outreach to an elementary school PTA. Attorney General Aaron Ford filed suits alleging addictive design features and enlisted outside law firms on contingency.
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