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Tennessee AG seeks court action against TikTok over evidence preservation issues

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Thursday, November 21, 2024

Tennessee AG seeks court action against TikTok over evidence preservation issues

State AG
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Attorney General Jonathan Skrmetti | Ballotpedia

Tennessee Attorney General Jonathan Skrmetti has taken legal action against TikTok, Inc. by filing a motion in the Twentieth Judicial District of Tennessee. The motion seeks remedies for TikTok's failure to preserve and produce evidence as part of an investigation into potential violations of Tennessee consumer protection laws. This request also aims to enforce compliance with a 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."

The investigation is part of a broader bipartisan effort by state attorneys general across the country examining whether TikTok engaged in unfair practices affecting children's mental health in Tennessee. Despite previous orders, TikTok has reportedly failed or refused to provide necessary materials.

Attorney General Skrmetti's motion includes several requests for relief:

- A civil penalty of $1,000 under TENN. CODE ANN. § 47-18-106(e) for spoliation of evidence.

- Production of documents related to interviews conducted during an internal investigation into spoliation.

- Production of relevant text messages from executives and Trust & Safety Communications personnel.

- Unredacted copies of previously redacted materials.

- All preserved metadata associated with group secure chat threads.

- A comprehensive privilege log with future productions.

A coalition comprising attorneys general from 22 states has supported Tennessee's efforts through an amicus brief.

The Attorney General’s Office remains committed to safeguarding children in Tennessee from social media platforms that prioritize profits over users' mental health.

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