A jury in California recently awarded $6 million in damages to a plaintiff who argued that Meta and Google were responsible for the depression and anxiety she suffered as a child. Her case was based on an argument that the companies’ social media platforms were designed to be addictive. As Marlo Greer points out in her video on this, it was essentially an argument that the social media platforms were defective, like defective products that caused harm to someone who used them as they were intended to be used.
Meta was also found responsible in a case in New Mexico for failing to protect young users from child predators on Instagram and Facebook. In that case, the jury found that Meta misled consumers on how safe their platforms were and, in so doing, ignored state consumer protection laws. The damages in the New Mexico case are even more serious than in the California case: $375 million.
Deliberately Designed to Be Addictive
In California, the plaintiff’s lawyers argued that Meta’s Instagram and Google’s YouTube were designed to be addictive. They also contended that each company was aware that its platform was hurting younger users. One particularly compelling piece of evidence was an internal Meta document that declared, “If we wanna win big with teens, we must bring them in as tweens.” Another Meta document discussed the likelihood that 11-year-old users would keep coming back to Instagram – even though the platform supposedly required users to be at least 13 years old.
Overcoming the Content Shield
Social media platforms are largely protected by federal law from responsibility for the content that users post. In California, the case focused on how Meta and Google built their platforms instead of the content that the platforms carried.
As Marlo notes, it was like a defective product case. The platforms, not their content, were on trial in California. And it was the defective design of those platforms – their deliberately addictive nature – that created the liability for each company.
Violations of New Mexico’s Unfair Practices Act
In the New Mexico case, the jury found that Meta had made false or misleading statements concerning the safety of its platforms. It also found that Meta engaged in “unconscionable” trade practices that took advantage of the vulnerability and inexperience of its child users. The jury awarded $5000 in damages for each violation – for a total of $375 million in penalties.
New Mexico isn’t the only state in which Meta faces lawsuits related to the addictiveness of its algorithms for young users. More than 40 state attorneys general have filed similar lawsuits.
If You Have Been Harmed by Addictive Social Media, Contact Greer Law
At Greer Law, we are here to help you recover if you have been harmed because of someone else’s negligent or intentional actions. That includes actions that happen online.
If you have been hurt mentally or physically because you have used an addictive website, or because someone has used social media to contact and abuse you, we are here to help. Whether you’ve suffered mental health issues, sexual abuse, or physical abuse that can be connected with your use of social media, contact Greer Law to discuss your case.
You can reach us at 303.331-6460 or by submitting our contact form. Let us schedule a free case evaluation to review your concerns and explain how we can help.
