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‘TikTok is not above the law’: Alabama, 21 other states seek court enforcement against social media giant

Alabama Attorney General Steve Marshall is seeking court enforcement for TikTok to comply with a court order dealing with an ongoing multistate consumer protection investigation.

Marshall joined a coalition of 22 attorneys general in urging a Tennessee court to enforce its orders that require the social media company to comply with the investigation and to preserve and produce relevant evidence.

“TikTok is not above the law and must comply with the court order,” Marshall said. “The rule of law must carry the day as we seek to better understand the impact that this platform may be having on the mental health and safety of America’s youth.”

The multistate group began an investigation into TikTok in 2022 to determine whether TikTok is violating state consumer protection laws in ways that have fueled the ongoing crisis in the mental health of children and teens. Various states, including Alabama and Tennessee, have issued requests for information related to TikTok’s business practices.

RELATED: Steve Marshall signs onto U.S. TikTok ban: ‘A threat to national security’

Last year, when TikTok failed to produce the requested information, 46 states filed an amicus brief in support of Tennessee when it sought an enforcement action in state court to compel TikTok to comply with its requests. The court has twice ordered TikTok to produce responsive documents and witnesses for deposition, but TikTok has failed to fully comply with these orders.

The multistate coalition has again filed an amicus brief in support of Tennessee’s further efforts to compel TikTok’s compliance with the court’s order.

“For years, TikTok has disregarded its obligations to respond to Tennessee’s lawful subpoena and this Court’s orders,” said the breif. “The Court should grant Tennessee’s motion and compel compliance with Tennessee’s Requests for Information.”

The brief asserts that TikTok’s failure to preserve potentially relevant evidence and to produce information in a reasonably useable format is impeding the multistate investigation of TikTok. The brief emphasized that a resolution from the court is critical. Without it, companies will increasingly be emboldened to destroy relevant evidence which will materially hinder a state’s ability to protect its residents.

Also joining the amicus brief are the attorneys general from Arizona, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Maine, Maryland, Michigan, Minnesota, North Dakota, Oklahoma, Ohio, Pennsylvania, Rhode Island, South Dakota, Virginia, and Wisconsin.

Yaffee is a contributing writer to Yellowhammer News and hosts “The Yaffee Program” weekdays 9-11 a.m. on WVNN. You can follow him on Twitter @Yaffee

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