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.

What is Social Media Addiction?

There is not currently an official diagnosis for social media addiction. However, being addicted to social media is considered a type of behavioral addiction, so it’s likely to negatively influence the mental health or behavior of a person suffering from it. Because children and teens are a group that is known to search for belonging and self-identity, they are particularly at risk.

A group of California State University researchers concluded that exposure to social media could result in the reward centers becoming overstimulated. This can result in behavior that “chases” the rewards, similar to what was discovered in the opioid crisis. Clearly, this can create major issues.

Why People Are Suing Social Media Sites

Plaintiffs have filed multiple lawsuits against the parent companies of major social media platforms (Meta, Snap, ByteDance, and Google), alleging that excessive amounts of social media exposure among children has led to various forms of harm, including:

• Cyberbullying — Some young users have been the victims of blackmail, bullying, and harassment on social media, which can lead to anxiety and low self-esteem.
• Fear of Missing Out — Teens and children may compulsively use and check their social sites for fear that they might miss something important, which can lead to consequences in other areas of their lives.
• Comparisons — Children and teens using social platforms are more likely to compare themselves to the people they see on these sites, even when what they’re viewing is fiction.
• Suicide — Some minors have been so impacted by social media addiction and what takes place on social sites that they have attempted or committed suicide.

How a Mass Tort Lawsuit Works

A mass tort lawsuit is a legal action taken against one company or a group of companies by a large number of people who claim to have been harmed by their products or services. Mass tort lawsuits are generally filed when a large number of individuals have similar claims, such as being hurt by a defective product or harmful drug.

The plaintiffs in a social media mass tort lawsuit may claim that social media addiction among young users (minors) led to negative consequences such as mental health issues, physical harm, or declines in academic performance. There are several potential grounds for this type of lawsuit:

• Fraud — Social media companies could be held accountable if they knowingly created addictive algorithms and concealed the potential consequences from users.
• Negligence — Social media companies have a duty of care to their customers, and they could be held liable for breaching that duty if they fail to prevent serious harm.
• Breach of contract — Social media companies could be held responsible for breach of contract if they didn’t deliver the services promised, such as a safe environment for users.
• Product liability — Because social media platforms may be considered products, the companies that created them could be held responsible for the design defects that have caused harm to users.

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.

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.