Social Media Lawsuits: When Can (and Should) Families File?

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The social media harm litigation against Meta, Google, ByteDance, and Snap is starting to gain steam. To date, approximately 500 social media addiction lawsuits have been filed throughout the United States, with the majority of these lawsuits being consolidated into multidistrict litigation (MDL) in the U.S. District Court for the Northern District of California.

As awareness of the risks of youth mental health crisis associated with social media use among children and teens continues to grow—and as awareness of the social media harm litigation continues to grow as well—the number of lawsuits filed against major social media companies Meta, Google, ByteDance, and Snap is growing at an increased rate. This is expected to continue throughout the remainder of 2024 and well into 2025, and court watchers are predicting that the total number of social media harm lawsuits could easily exceed 10,000 by this time next year.

“More families are filing social media harm lawsuits every day; and, with these lawsuits, we are learning more and more about the substantial risks associated with social media use among children and teens. While some parents are able to recognize the signs of social media harm early; tragically, some do not learn what their children have experienced online until it is too late.” – Dr. Nick Oberheiden, Founding Attorney of Oberheiden P.C.

As a parent who is concerned about social media harm, what does this mean for you? If you have concerns that your child may be suffering from social media addiction, or if you have concerns about bullying, social exploitation, or any other form of harm for young users online, you should help your child talk to a professional. While social media harm can have life-altering (or even life-threatening) effects, the mental health issues and other effects of social media harm on young people can be managed and treated. You should talk to a lawyer about your family’s legal rights as well. If your family has grounds to file a social media addiction lawsuit against Meta, Google, ByteDance, or Snap, not only will filing a social media lawsuit help ensure that these companies are held accountable, but it will also help ensure that you and your family have the financial resources you need for the future.

What Is “Social Media Harm”?

What exactly is “social media harm”? At this point, there is no precise definition. Instead, the term “social media harm” is being used to refer to a broad range of harmful effects caused by social media use, particularly—though not exclusively—among children and teens. These harmful effects include (but are by no means limited to):

  • Anxiety
  • Body dysmorphia and Eating Disorders
  • Depression
  • Mood swings
  • Sleep changes
  • Self-harm and suicidal thoughts
  • Withdrawal and isolation

Children and teens may experience social media harm for various reasons. As a parent, if you have any concerns for any reason, you should seek help for your child or teen promptly. To date, the social media harm lawsuits filed against Meta, Google, ByteDance, and Snap have focused primarily (though not exclusively) on the following:

  • Addiction – A study published in 2022 found that, “[e]xcessive and compulsive use of social media may lead to social media addiction.” Social media addiction and social media adolescent addiction can lead to all of the harmful effects listed above, and is a particular concern among child and teen users of social media platforms: Facebook, Instagram, TikTok, Snapchat, and other social media platforms.
  • Bullying – Bullying is a significant concern on all social media platforms. Despite being well aware of the risks of bullying, it appears that most social media companies are doing little (if anything) to detect and prevent bullying. Children and teens who experience bullying will often be reluctant to discuss what is going on, and this can add to the challenges of detection for parents.
  • Sexual Exploitation – Sexual exploitation is another significant concern for children and teens on social media. Along with the active lawsuits targeting Meta and other social media companies, a bill is also pending in New York which would specifically address the exploitation risks associated with children’s and teens’ social media use. New York’s Office of Children and Family Services has also published a list of resources for families affected by sexual exploitation on social media.

The social media harm lawsuits filed to date allege not only that Meta, Google, ByteDance, and Snap are aware of the risks associated with children’s and teens’ use of their platforms (and have been aware for years), but also that they have attempted to cover up these risks in many cases. For example, one lawsuit filed against Meta alleges that the social media company (which owns Facebook and Instagram) defunded the team it assigned to investigate the mental health risks associated with its platforms after the team uncovered some significant concerns. The lawsuit also alleges that Meta repeatedly misrepresented its safety measures to the public, and even to Congress. These allegations came to light when a whistleblower came forward to The Wall Street Journal in 2021.

While investigations and studies are ongoing, at this point the true extent of the harm caused by social media platforms remains unknown. We are also still continuing to learn more about the steps that companies like Meta may have taken to make their platforms more addictive and conceal risks of which they were (and are) aware. The more parents who come forward, the more we can learn about social media’s harmful effects, and the more we can do to ensure that the social media companies are held accountable.

When Can (and Should) Parents File a Social Media Harm Lawsuit?

With all of this in mind, when can (and should) parents talk to a lawyer about filing a social media harm lawsuit? Here are some of the primary considerations:

1. Has Your Child or Teen Used Social Media?

Perhaps it goes without saying; but, to file a social media harm lawsuit, your child or teen must have used social media. While the lawsuits filed to date have primarily targeted Meta (Facebook and Instagram), Google (YouTube), ByteDance (TikTok), and Snap (Snapchat), parents can potentially pursue claims related to all social media platforms.

2. Has Your Child or Teen Suffered from a Mental Health Condition that Is Potentially Linked to Social Media Use?

Filing a social media harm lawsuit also requires proof that your child or teen has suffered from a mental health condition linked to his or her social media use. In most cases, this will be a diagnosis of anxiety, depression, or mental health condition from a psychologist, psychiatrist, or other specialist. However, parents can also file wrongful death lawsuits in cases involving suicide even if they did not obtain a diagnosis prior to their child’s or teen’s death.

3. How Long Has It Been Since Your Child or Teen Used Social Media?

Like all personal injury and wrongful death lawsuits, social media harm lawsuits are subject to a statute of limitations. While most parents still have time to file their claims, if it has been a while since your child last used social media, it will be especially important for you to speak with a lawyer about your family’s legal rights as soon as possible.

What Are Your Next Steps as a Parent?

Let’s say you have a social media harm lawsuit (or you think you may have a social media harm lawsuit). What are your next steps as a parent? At this stage, your next steps are to:

  • Prioritize Your Child’s or Teen’s Mental Health – First and foremost, parents who have concerns about the harmful effects of social media should prioritize their children’s or teens’ mental health. Again, if you think your child may need help for any reason, you should see a doctor as soon as possible.
  • Preserve as Much Documentation as Possible – Parents should also try to preserve as much documentation as possible. This includes medical records, medical bills, and any relevant communications you may have received from your child’s school or from other parties.
  • Ask Your Child to Preserve His or Her Social Media Accounts, Posts, and Comments – Parents who are considering a social media harm lawsuit should ask their children to preserve their social media accounts, posts, and comments. While the social media companies may still have access to deleted account records, it can make the process of filing a lawsuit easier if these records are readily available.
  • Ask Your Child to Stay Off of Social Media – At the same time, parents should ask their children to stay off of social media while they are considering a social media harm lawsuit. Not only can this be important for protecting children’s mental health, but it can also be important for preserving families’ legal rights.
  • Talk to a Lawyer About Your Family’s Legal Rights – Finally, the best way to make an informed decision is to talk to a lawyer about filing a social media harm lawsuit. You should be able to schedule a free, no-obligation consultation promptly. If you decide to move forward, your family’s lawyer should provide representation on a contingency-fee basis, which means that your family’s legal fees, if any, will be calculated as a percentage of the financial compensation your lawyer helps your family recover.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Oberheiden P.C.

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