Florida just escalated its war on social media platforms by suing TikTok under HB 3, a state law that bans accounts for children under 14 and requires parental consent for users under 16. Attorney General James Uthmeier filed the suit in St. Lucie County, accusing TikTok of knowingly allowing underage users and misrepresenting the violent and sexual content kids can encounter.
HB 3 Takes a Sledgehammer Approach
HB 3 took effect in January 2025 and is one of the most restrictive state laws targeting social media. It doesn't just fine platforms for failing to protect kids; it orders them to keep all under-14 users off the platform entirely. Florida already used this law to sue Snap last year, calling Snapchat's conduct "particularly egregious." That case is ongoing, though a federal judge initially blocked HB 3 as unconstitutional before an appeals court temporarily reinstated it.
TikTok's Compliance Tightrope
TikTok's spokesperson says the company has been engaging with the attorney general and has started informing Florida users under 14 that their accounts will be suspended. That is a direct result of HB 3. But the lawsuit claims TikTok's efforts are insufficient and that the platform still fails to prevent underage access. The company's statement: "We are evaluating the state's complaint and are prepared to defend our strong record on minor safety." Translation: TikTok thinks it can win on the merits or on constitutional grounds, but settling is expensive.
The 25-State Lawsuit Wave and the $8 Million Precedent
More than 25 state attorneys general have sued TikTok and other platforms under consumer protection laws, arguing addictive design causes a youth mental health crisis. Florida's HB 3 suit adds a separate legal lever. Notably, TikTok already settled one case before trial for $8 million with a Kentucky school district. Another case from a young woman went to trial, resulting in a jury finding Meta and Google negligent; TikTok settled before that verdict. These numbers are data points for any settlement calculus. The $8 million figure signals that TikTok is willing to pay to avoid discovery, but Florida's demand for a court order to change platform behavior cuts deeper than a check.
If HB 3 survives the constitutional appeal, every platform with underage users will face the same binary choice: build airtight age verification or pull out of Florida entirely.
Source: Florida sues TikTok, claiming it violates state child safety law
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