Are Meta’s offerings – in particular Facebook and Instagram – products or services? And why does that matter?
As Marlo Greer explains in her recent TikTok on this topic, in a recent trial in New Mexico against Meta, accusing it of illegally violating New Mexico’s Unfair Practices Act, one focus of the government attorneys was on the design of Meta’s social media platforms as products, in addition to the way Meta promoted and used those platforms.
This was a well-thought-out and ultimately effective tactic. The argument was that Meta knowingly allowed children to create and use accounts – despite policies that appeared to prohibit users younger than 13 from doing so. In addition, it designed its social media platform products to be addictive, to compel users to return to and engage with them over and over and over again. And while this may or may not be an acceptable practice when it comes to adult users (a question that has actually not yet been answered), when it comes to children, this deliberately addictive product design is dangerous and harmful.
The New Mexico Investigation and Trial
Undercover investigators in New Mexico posed as young children and created social media accounts that then became the target of sexual predators or other adult users trying to exploit or harm the children who supposedly were behind the accounts. In the end, the state was able to convince the jury that these were not isolated incidents. The jury found tens of thousands of violations and assessed the maximum penalty of $5000 for each violation for a total fine of $375 million.
During what was ultimately a six-week trial, the New Mexico attorney general’s office introduced evidence that Meta was aware of the deliberately addictive design of its social media platforms. More seriously, Meta was also aware that its platforms were being used by children under the age of 13, despite policies that claimed to prohibit such use. It also introduced evidence that Meta’s efforts to prevent abuse of its platforms were ineffective.
As a result, the jury found that Meta willfully engaged in “unfair or deceptive” as well as “unconscionable” trade practices. The next stage in this case involves another trial before a judge, who will determine whether Meta’s platforms create a public nuisance and whether Meta should pay for public programs aimed at addressing the harms that its platforms have caused.
Meta, of course, stated that it intends to appeal the jury verdict. But Meta is also involved in dozens of similar lawsuits brought in other states, so even if it is successful in overturning the New Mexico verdict, it faces further challenges in other states. Many of these cases involve arguments that Meta has deliberately designed its social media products to be addictive, and that this design has contributed to a mental health crisis among younger users.
Greer Law Can Help You Recover if You’ve Survived Abuse
If you have found yourself addicted to social media and have suffered mentally or physically as a result, contact us to discuss your options. Keep in mind that there are a number of types of abuse that can result in damage to your mental health. These include:
- Sexual abuse resulting from someone contacting you via social media
- Bullying and other forms of mental abuse directed at you that happened on social media
- Extortion attempts that relied on threats of disclosing embarrassing or compromising information about you on social media
If any of these have happened to you, it may be possible to secure compensation from those responsible for the pain and mental health issues you have suffered. At Greer Law, we help clients who have survived physical and mental abuse. We know what it takes to make a strong case and to secure compensation from those responsible for your abuse.
Contact Greer Law today for a free case evaluation. You can reach us at 303-331-6460, or by filling out our online contact form.
