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

The social media abuse lawsuit against Meta, Google, ByteDance, and Snap is beginning to gain momentum. To date, approximately 500 social media addiction lawsuits have been filed in the United States, with most of these lawsuits 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 crises tied to social media use continues to grow among children and teens—and as awareness of social media harm lawsuits also continues to grow—the number of lawsuits filed against major social media companies Meta, Google, ByteDance and Snap is growing at a faster pace. This is expected to continue through the remainder of 2024 and well into 2025, with court observers predicting that the total number of social media harm lawsuits could easily top 10,000 by this time next year.

“More and more families are filing lawsuits over social media harm; and with these lawsuits, we are learning more about the significant risks associated with social media use by children and teens. While some parents are able to recognize the signs of social media harm early, unfortunately, some don’t know what their children have experienced online until it’s too late.” – Dr. Nick Oberheiden, Founder of Oberheiden PC

As a parent concerned about damage from social mediaWhat does this mean for you? If you are concerned that your child is suffering from a social media addiction, or if you are concerned about bullying, social exploitation, or other harms to young people online, you should encourage your child to talk to a professional. While social media harm can have life-changing (or even life-threatening) effects, the mental health and other effects of social media harm in young people can be managed and treated. You should also talk to a lawyer about your family’s legal rights. If your family has grounds for a social media addiction lawsuit against Meta, Google, ByteDance, or Snap, filing a social media lawsuit will not only help ensure that these companies are held accountable, but it will also ensure that you and your family have the financial resources you need moving forward.

What is “social media harm”?

What exactly is “social media harm”? Currently, there is no precise definition. Instead, the term “social media harm” is used to refer to a wide range of harmful effects caused by social media use, particularly (but not exclusively) among children and teenagers. These harmful effects include (but are certainly not limited to):

Tension
Body dysmorphia and eating disorders
Depression
Mood swings
Sleep changes
Self-harm and suicidal thoughts
Withdrawal and isolation

Children and teens can be harmed by social media for a variety of reasons. As a parent, if you each take care of each reason, you should seek help for your child or teen quickly. So far, the social media damage lawsuits filed against Meta, Google, ByteDance, and Snap have focused primarily (but not exclusively) on the following:

Addiction – A study published in 2022 found that “(e)xcessive and compulsive use of social media can lead to social media addiction.” Social media addiction and social media addiction in adolescents can lead to all of the above-mentioned harmful effects and are a particular concern among children and teens who use social media platforms: Facebook, Instagram, TikTok, Snapchat, and other social media platforms.
Bullying – Bullying is a major problem across all social media platforms. Despite being well aware of the risks of bullying, it seems that most social media companies do little (or nothing) to detect and prevent bullying. Children and teens who experience bullying are often hesitant to discuss what is going on, and this can increase the detection problems for parents.
Sexual exploitation – Sexual exploitation is another major concern for children and teens on social media. In addition to the active lawsuits targeting Meta and other social media companies, a account is also pending in New York, which would specifically address the exploitation risks associated with social media use by children and teens. New York’s Office of Children and Family Services also has a list of sources for families dealing with sexual exploitation on social media.

The social media damage lawsuits filed so far allege not only that Meta, Google, ByteDance, and Snap knew about the risks associated with children and teens using their platforms (and have done so for years), but that they also, in many cases, attempted to cover up those risks. For example, one lawsuit filed against Meta alleges that the social media company (which owns Facebook and Instagram) disengaged the team it had hired to investigate the mental health risks of its platforms after the team uncovered several significant concerns. The lawsuit also alleges that Meta repeatedly misrepresented its security 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 research and studies are ongoing, the true extent of the harm caused by social media platforms is still unknown at this time. We also continue to learn more about the steps companies like Meta may have taken to make their platforms more addictive and to hide risks they were (and are) aware of. The more parents come forward, the more we can learn about the harmful effects of social media and the more we can do to ensure that social media companies are held accountable.

When can (and should) parents file a lawsuit for social media harm?

With all of this in mind, when can (and should) parents talk to an attorney about filing a lawsuit for social media damages? Here are some key considerations:

1. Has your child or teen used social media?

It may seem obvious, but in order to file a lawsuit for social media damages, your child or teen must have used social media. While the lawsuits filed thus far have primarily targeted Meta (Facebook and Instagram), Google (YouTube), ByteDance (TikTok), and Snap (Snapchat), parents may be able to file claims involving all social media platforms.

2. Does your child or teen suffer from a mental health condition that may be related to social media use?

Filing a lawsuit for social media harm also requires proof that your child or teen suffered from a mental health condition related to their social media use. In most cases, this will be a diagnosis of anxiety, depression, or mental illness from a psychologist, psychiatrist, or other specialist. However, parents can also file wrongful death lawsuits in cases involving suicide, even if they were not diagnosed prior to their child 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, lawsuits over social media damages are subject to a statute of limitations. While most parents still have time to file their claims, it’s especially important to speak with an attorney about your family’s legal rights as soon as possible if it’s been a while since your child last used social media.

What are your next steps as a parent?

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

Prioritize your child or teen’s mental health – First and foremost, parents who are concerned about the harmful effects of social media should prioritize the mental health of their children or teens. Again, if you think your child needs help for any reason, you should see a doctor as soon as possible.
Keep as much documentation as possible – Parents should also try to keep 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 other parties.
Ask your child to save his or her social media accounts, posts and comments – Parents considering a lawsuit for social media damages should ask their children to save their social media accounts, posts, and comments. While the social media companies may still have access to deleted account data, it can make the process of filing a lawsuit easier if this data is readily available.
Ask your child to stay off social media – At the same time, parents should ask their children to stay off social media while considering a social media damages lawsuit. This can be important not only for protecting children’s mental health, but also for preserving families’ legal rights.

Talk to an attorney about your family’s legal rights – Finally, the best way to make an informed decision is to talk to an attorney about filing a lawsuit for social media damages. You should be able to schedule a free, no-obligation consultation quickly. If you decide to proceed, your family’s attorney should offer representation on a contingency fee basis, meaning that your family’s legal fees, if any, will be calculated as a percentage of the financial compensation your attorney helps your family obtain.