Social Media Litigation (Mass Tort)

Billions of people worldwide use social media sites daily, making logging on and interacting on these platforms an integral part of our everyday lives. But the addictive nature of social media has become a serious concern, with many people struggling to control how much time they spend on these sites and even becoming completely dependent on the platforms.

Social media addiction isn’t a new concept. It has been widely discussed in the media and among academics for several years. The condition is characterized by the excessive use of these platforms to the extent that the user experiences negative consequences, like mental health issues, relationship problems, or poor work or academic performance.

But children are another story entirely. They are underage, vulnerable, and more susceptible to the negative consequences of social media addiction. In fact, people are suing the largest social media sites (Facebook, Instagram, Snapchat, TikTok, and YouTube) in growing numbers, claiming that they have specifically targeted children using addictive algorithms. This massive number of cases is being combined into a new social media mass tort litigation.

Social Media Litigation — What is Happening With These Cases?

In 2022, 250 cases brought by school districts and 350 individual cases were consolidated in California. The defendants in these cases are Meta, Snap, Inc. ByteDance, and Google. On October 13, 2023, a California judge ruled that litigation on these cases could continue, which is expected to influence similar cases nationwide.

On October 23, 2023, 33 state attorneys general filed a federal lawsuit against Meta for what they termed was the company’s “scheme to exploit young users for profit” on its two major platforms — Facebook and Instagram.

The lawsuit was filed in California’s Northern District. Nine other states have also filed similar lawsuits in their state courts, bringing the total states to 42. The grounds for the lawsuits are that Meta engaged in unfair and deceptive practices that harmed young users.

Joining the Social Media Mass Tort Litigation

This past year has proven that social media giants are not immune from lawsuits and mass tort litigation. The social media mass tort taking shape has the potential to be as large and consequential as the opioid mass tort litigation. But it will take a team of skilled legal advocates to guide the case to a successful conclusion.

A seasoned mass tort attorney can ensure victims of social media addiction get full and fair compensation for damages like medical treatment, psychological care, emotional distress, pain and suffering, and more. Powell & Majestro P.L.L.C. in West Virginia is prepared to represent the interests of plaintiffs in these cases.

The Enigma of Social Media Addiction

Social media addiction, though not formally recognized as a mental health disorder in diagnostic manuals like the DSM-5, is widely discussed and studied as a behavioral addiction. This categorization places it alongside other compulsive behaviors such as gambling addiction or internet gaming disorder. The core of a behavioral addiction lies in the persistent, compulsive engagement in a behavior that leads to significant impairment or distress.

Understanding the Behavioral Framework

Unlike substance addictions, which involve the physiological dependence on a chemical, behavioral addictions center around an activity or set of activities that activate the brain’s reward system. This system, primarily involving dopamine pathways, is responsible for feelings of pleasure and motivation. When an activity, like social media use, consistently triggers this reward system, the brain can begin to associate that activity with positive reinforcement, leading to a desire to repeat it. Over time, this desire can escalate into a compulsive need, where the individual feels compelled to engage in the behavior even when it has negative consequences.

The Brain’s Response to Social Media

Research, including studies from California State University, suggests that exposure to social media can indeed lead to the overstimulation of reward centers in the brain. Each like, share, comment, or notification acts as a small, unpredictable reward. 

This intermittent reinforcement schedule—where rewards are not always guaranteed but are frequent enough to maintain engagement—is incredibly effective at shaping behavior. It’s the same principle that drives gambling addiction. 

Users learn to “chase” these rewards, constantly checking their devices for the next hit of dopamine. The researchers’ comparison to the opioid crisis highlights the potential for severe, widespread issues, emphasizing the powerful, habit-forming nature of these digital interactions. This overstimulation can lead to a kind of desensitization, where users need more and more engagement to achieve the same level of satisfaction, contributing to a cycle of increased use.

The Vulnerability of Youth

Children and teenagers are particularly susceptible to the allure of social media and its potentially addictive qualities. This heightened vulnerability stems from several developmental factors:

• Brain Development: The prefrontal cortex, responsible for impulse control, decision-making, and understanding long-term consequences, is still maturing throughout adolescence. This means teens may be less equipped to regulate their social media use or resist the immediate gratification it offers.
• Search for Belonging and Identity: Adolescence is a critical period for identity formation and social connection. Social media platforms offer a seemingly endless avenue for peer interaction, validation, and self-expression. Young people may rely heavily on these platforms to define themselves, seek acceptance, and navigate social hierarchies. The fear of being left out or not fitting in can be a powerful motivator for compulsive checking and engagement.
• Peer Influence: The desire to conform and be accepted by peers is incredibly strong during adolescence. Social media amplifies peer pressure, as young people are constantly exposed to the curated lives of others, creating a desire to present a perfect image or keep up with trends.
• Emotional Regulation: Teens may use social media as a coping mechanism for stress, boredom, or negative emotions. The instant distraction or temporary mood boost provided by online interactions can create a dependency, hindering the development of healthier coping strategies.
• Body Image and Self-Esteem: The highly visual and often idealized nature of social media content can profoundly impact body image and self-esteem. Young users frequently compare themselves to unrealistic portrayals, leading to feelings of inadequacy and dissatisfaction, which can further fuel compulsive use in an attempt to gain validation or improve their perceived online image.

The lack of an official diagnosis for social media addiction doesn’t diminish its real-world impact. The growing body of research and the increasing number of individuals seeking help for problematic social media use underscore the need for greater understanding, prevention, and intervention strategies. As the digital landscape continues to evolve, so too must our approach to addressing its potential downsides, particularly for the most vulnerable populations.

The Rising Tide of Social Media Lawsuits

The increasing awareness of the potential harms of excessive social media exposure, particularly among minors, has led to a significant legal movement. Plaintiffs are filing multiple lawsuits against the parent companies of major social media platforms, including Meta (Facebook, Instagram), Snap (Snapchat), ByteDance (TikTok), and Google (YouTube). These lawsuits allege that the design and operation of these platforms contribute to various forms of harm in children, leading to a wide range of negative consequences.

Allegations of Harm

The lawsuits detail several specific ways in which excessive social media exposure is believed to harm young users:

• Cyberbullying: Social media platforms can unfortunately become breeding grounds for cyberbullying, blackmail, and harassment. Young users, often without the emotional maturity or coping mechanisms to handle such attacks, can become victims of relentless online aggression. The anonymity afforded by some platforms, or the sheer volume of users, can embolden perpetrators. The pervasive nature of cyberbullying, where there is often no escape from the torment, can lead to profound psychological distress, including anxiety, depression, social isolation, and severe low self-esteem. In some tragic cases, the relentless nature of online bullying has been a contributing factor to self-harm or suicidal ideation. The platforms’ alleged failure to adequately police such harmful content or provide effective reporting and moderation tools is a key point of contention.
• Fear of Missing Out (FOMO): The constant stream of updates, posts, and stories on social media can create an intense Fear of Missing Out (FOMO) among young users. This anxiety stems from the perception that others are having more fun, experiencing more exciting things, or being more socially connected. To alleviate this anxiety, teens and children may feel a compulsion to constantly check their social sites, fearing that they might miss an important social event, a trending topic, or an online interaction. This compulsive checking can become all-consuming, leading to significant consequences in other areas of their lives. Academic performance may suffer due to late-night scrolling or distraction during school hours. Sleep patterns can be severely disrupted, impacting overall health and well-being. Relationships with family and friends in the real world may deteriorate as online interactions take precedence. The constant need to be connected and “in the know” can create a cycle of anxiety and dissatisfaction.
• Comparisons: Social media platforms are inherently designed to facilitate comparisons. Users curate idealized versions of their lives, showcasing only the highlights and often manipulating images or realities to present a perfect facade. Children and teens, still developing a strong sense of self and critical thinking skills, are particularly vulnerable to these unrealistic comparisons. They are more likely to compare their own lives, appearances, and achievements to the seemingly perfect individuals they see online, even when what they’re viewing is entirely fictional or heavily edited. This constant exposure to unattainable ideals can lead to body image issues, feelings of inadequacy, jealousy, and a distorted perception of reality. The pressure to conform to these idealized standards can also drive unhealthy behaviors, such as obsessive dieting, cosmetic surgery, or engaging in risky challenges to gain online validation.
• Suicide and Self-Harm: Perhaps the most devastating allegation in these lawsuits is the link between social media addiction and its extreme consequences, including suicide and self-harm. The combination of cyberbullying, FOMO, negative comparisons, and exposure to harmful content can create an environment of intense psychological distress for vulnerable young users. The pressure to maintain a perfect online persona, the constant judgment from peers, and the feeling of isolation despite being “connected” can be overwhelming. Some minors, allegedly so profoundly impacted by their social media experiences and the addiction it fosters, have attempted or tragically committed suicide. These claims underscore the severe mental health toll that excessive and unchecked social media use can exact, highlighting the urgent need for greater corporate responsibility and protective measures.

The accumulation of these alleged harms forms the basis for the legal actions being taken against social media companies, arguing that their platforms are not just passively available, but actively designed in ways that contribute to these adverse outcomes for young users.

Social Media Mass Tort Cases 

When a large number of individuals claim to have been harmed by the same product or service, a mass tort lawsuit can be filed. This type of legal action is distinct from a class-action lawsuit, though both involve multiple plaintiffs. In a mass tort, each plaintiff retains their individual claim, allowing for separate trials or settlements, whereas in a class action, a single lawsuit represents an entire group with similar claims, and any settlement or judgment applies to the entire class.

The Mechanism of a Mass Tort Lawsuit

A mass tort lawsuit is a powerful legal tool that allows a large group of people to collectively seek compensation from one company or a group of companies responsible for their shared harm. It is particularly common when numerous individuals suffer similar injuries due to a defective product, a harmful drug, environmental contamination, or, in this case, the alleged addictive and harmful nature of social media platforms.

The key characteristics of a mass tort include:

• Numerous Plaintiffs: A significant number of individuals are involved, all claiming similar types of injuries or damages.
• Common Defendant(s): The lawsuits are typically brought against one or a few common defendants, such as the manufacturers of a product or the operators of a service.
• Shared Allegations: While each case is handled individually, the underlying allegations of harm and the legal theories are generally similar across all plaintiffs. This allows for consolidated discovery and pre-trial motions, streamlining the legal process.

In the context of social media, plaintiffs are arguing that the companies designed and operated their platforms in a way that caused widespread harm to a large group of young users.

Grounds for Social Media Mass Tort Lawsuits

The plaintiffs in social media mass tort lawsuits are alleging that social media addiction among young users (minors) led to a range of negative consequences, including severe mental health issues, physical harm (e.g., related to sleep deprivation, self-harm), and declines in academic performance. Several potential legal grounds are being pursued in these lawsuits:

• Fraud: This claim typically alleges that social media companies knowingly created addictive algorithms and features designed to maximize user engagement, especially among minors, while simultaneously concealing the potential negative consequences of such addiction from users and the public. To prove fraud, plaintiffs would need to demonstrate that the companies made false representations or omissions of material facts, had knowledge of the falsity, intended to deceive users, and that users relied on these misrepresentations to their detriment. If it can be shown that internal research or communications revealed the addictive nature of their platforms and the companies actively suppressed this information, it would significantly bolster a fraud claim. This ground suggests a deliberate and deceptive strategy to prioritize profit over user well-being.
• Negligence: A central tenet of tort law is the concept of a duty of care. Social media companies, like any other entity providing a service or product, are argued to have a duty of care to their customers, particularly their most vulnerable users—children and teens. A negligence claim would assert that these companies breached this duty by failing to design their platforms safely, failing to implement adequate safeguards against harm (like cyberbullying or exposure to dangerous content), or failing to warn users about the risks of addiction and mental health deterioration. Plaintiffs would need to prove that the companies’ actions or inactions fell below the accepted standard of care and that this breach directly caused the alleged harm to the young users. This could involve demonstrating that the companies had knowledge of the potential harms but did not take reasonable steps to prevent them.
• Breach of Contract: While less common for product liability, a breach of contract claim could argue that social media companies entered into an implicit or explicit agreement with their users to provide a safe and beneficial environment. If the terms of service or public statements implied a commitment to user safety and well-being, and the platforms then failed to deliver on these promises (e.g., by creating an unsafe environment ripe for bullying, promoting addiction, or exposing users to harmful content), then a breach of contract could be alleged. This claim focuses on the failure to uphold an agreed-upon standard of service, where the “service promised” included a safe and healthy online space for users, particularly minors.
• Product Liability: This is a particularly strong ground for these lawsuits. Social media platforms, while digital, can be considered “products” in a legal sense. Product liability law holds manufacturers responsible for harm caused by their products if those products are defective in design, manufacturing, or marketing (failure to warn). In this context, plaintiffs are alleging design defects within the social media platforms themselves. This could include:
  • Addictive Algorithms: The argument that the algorithms are intentionally designed to maximize screen time and engagement, leading to compulsive use and addiction, constitutes a design defect.
  • Lack of Age Verification/Protection: Failure to adequately verify user age or implement robust age-appropriate features and protections could be seen as a design flaw that exposes minors to undue risk.
  • Inadequate Content Moderation: The inability or unwillingness to effectively moderate and remove harmful content (like cyberbullying, pro-anorexia content, or self-harm encouragement) can be viewed as a design defect that makes the “product” unsafe.
  • Features Promoting Harm: Features that encourage comparisons, promote unrealistic ideals, or facilitate harassment could be argued as inherently flawed in their design, leading to the alleged harms.

Under product liability, plaintiffs would need to demonstrate that the social media platforms, as products, were defective in their design and that these defects were a direct cause of the mental health issues, physical harm, or academic declines experienced by young users.

These various legal grounds reflect the multi-faceted approach plaintiffs are taking to hold social media companies accountable for the alleged widespread harm caused by their platforms. The outcomes of these mass tort lawsuits could significantly reshape how social media platforms are designed, regulated, and marketed, particularly to young audiences.

Social Media Mass Tort Representation in West Virginia

Throughout the country, there are families who have been impacted by social media addiction among young users. More and more users are filing lawsuits to seek justice and recover compensation for the harm they have suffered due to the negligence of these social media platforms.

Powell & Majestro P.L.L.C. specializes in handling mass tort and class action cases on behalf of injury victims throughout West Virginia. Since 2002, our personal injury lawyers have dedicated a portion of our practice to holding big business accountable for the harm they cause with defective and harmful products and services.

Our seasoned mass tort attorneys have over 55 years of combined experience fighting for the interests of the injured. If you have a referral case or are an injury victim, we want to learn more about your situation to determine if we can help.

Please call (800) 650-2889 or contact us online to schedule a free initial consultation in our Charleston or Parkersburg offices.