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TikTok puts a $100 million to $300 million price on one state's youth-safety suit

TikTok agreed to pay Alabama at least $100 million, and up to $300 million, in its first state settlement over youth-safety claims. Facebook's same-day New Mexico loss was a privacy case, so TikTok's figure is the one 28 other plaintiffs can price.

The Investor · Invest desk

Photograph accompanying TikTok puts a $100 million to $300 million price on one state's youth-safety suit
Photo: straitstimes.com

What happened

  • TikTok and ByteDance agreed on Friday to their first settlement with a US state, resolving Alabama's addictive-design suit days before it was due for trial.
  • Alabama's attorney general's office said the state will receive at least $100 million within 45 days, and up to $300 million if certain conditions are met.
  • The same day, a New Mexico jury found Facebook violated state consumer protection law, in a count Al Jazeera put at 43 million, over Cambridge Analytica-related deceptions.

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Why it matters

  • exposure If the 28 other plaintiffs settle on Alabama's terms, TikTok's state youth-safety bill runs from $2.8 billion to $8.4 billion, before any product concessions.
  • constraint Meta's August release from Cambridge Analytica liability confines the New Mexico verdict to one state, so no other attorney general can use it as a template against Meta.
  • decision Attorneys general still suing TikTok now weigh Alabama's cash-plus-time-limit terms against going to trial, after a New Mexico jury sided with a state against Facebook the same day.

Only one of Friday's two results puts a price on a youth-safety claim. The New Mexico trial concerned Cambridge Analytica. Jurors weighed whether Meta misled users about the harvesting of data from about 87 million profiles, and found it deceived the public about its later investigations into third parties that collect user data [8]. No other state can bring that case. Meta's $18 billion child-safety settlement in August [12] included a release from future liability over the scandal, and New Mexico is the only state pursuing it [13].

The count is still large. Jurors found Facebook made deceptive statements about protecting the data of New Mexico's entire population, more than two million people [9]. Spread across them, 43 million violations [7] come to about 21 per resident [4]. Al Jazeera's report does not include a penalty figure. "We disagree with the verdict and will continue to defend ourselves against efforts to distort our record," Meta spokesperson Alex Burgos said in an email to the Associated Press [10].

TikTok's deal has a number attached. Alabama's suit, filed last year by Attorney General Steve Marshall, alleged that the app's algorithm pushed increasingly violent content to young users [4]. It also said TikTok falsely claimed to limit inappropriate content so the app would be rated safe for teens in app stores [4]. At least 27 other states and Washington, DC, have sued over similar claims [5]. If all 28 of those plaintiffs [1] settled on Alabama's terms, TikTok would pay $2.8 billion at the floor and $8.4 billion at the ceiling [2]. The multiplication is crude. It charges every state the same amount whatever its population.

Against TikTok's own history, the range looks modest. The $100 million floor is a quarter of the $400 million settlement TikTok reached with the US Department of Justice over federal children's privacy allegations, and the $300 million ceiling is three quarters of it [6][3]. The top of the 28-plaintiff range is also less than half the $18 billion Meta agreed to pay in August [5].

The Alabama figure could move three ways. Larger states could hold out for more than $300 million. Some could take their cases to trial, having watched a New Mexico jury side with a state against Facebook on the same Friday [7]. Or the product terms (a two-hour daily time limit, a pause after 15 minutes of use, better age checks) could become what states mainly bargain over, with cash secondary [3]. I think the first matters most for the total. TikTok settled days before its scheduled trial [1], and the minimum $100 million due within 45 days [2] is what it chose to spend to keep Alabama's claims away from a jury.

The view is wrong if the next few settlements cluster near the $100 million floor, with states accepting time limits and age checks in place of cash [2][3].

What to watch

  • Whether Alabama collects more than the $100 million floor, and what conditions unlock the remaining $200 million.
  • The next settlement or trial among the 28 other TikTok plaintiffs, and whether its cash figure lands above $300 million.
  • The penalty the New Mexico court attaches to Facebook's 43 million-count verdict, and whether Meta appeals.
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