Feb 6, 2025: TikTok has opted not to challenge a Third Circuit ruling that found its video-suggestion algorithm is not protected under Section 230 of the federal Communications Decency Act. This ruling, which now stands as precedent in the Third Circuit, allows litigation to proceed in a case where a 10-year-old girl tragically died after attempting a dangerous challenge promoted by TikTok’s algorithm. The lawsuit, filed by the girl’s mother, alleges that TikTok knowingly allowed and promoted harmful content to minors. The Third Circuit’s decision signals a shift in how courts interpret Section 230 immunity, particularly in cases where platforms actively promote content rather than simply hosting it. TikTok initially considered appealing to the U.S. Supreme Court but ultimately decided against it. (Note: The attorneys at Sauder Schelkopf are not involved in this case)
Social Media Platforms May Be Liable for Promoting Harmful Content
Sauder Schelkopf is investigating claims related to social media companies that actively promote harmful content to users, including minors. A recent federal appeals court ruling has determined that social media platforms may not be shielded by Section 230 of the Communications Decency Act when their algorithms promote dangerous challenges, misinformation, or harmful content.
If you or a loved one has suffered harm due to content actively promoted by a social media platform, you may have legal options. Sauder Schelkopf is reviewing potential claims and encourages affected individuals to seek a consultation. Contact us today to learn more about your rights.
Experience Matters
Sauder Schelkopf has a nationally recognized litigation practice. The firm currently serves as court-appointed lead counsel in courts across the country. The attorneys at Sauder Schelkopf have recovered over $1 billion on behalf of their clients and class members. Our firm was recognized by the Legal Intelligencer’s 2022 Professional Excellence Awards. The Legal Intelligencer’s Professional Excellence Awards honor Pennsylvania law firms and attorneys who have made a significant, positive impact on the legal profession. Our firm was named in the Litigation Departments of the Year (Specialty Area category; runner-up), an award that honors the best litigation practice in a small or mid-sized firm in Pennsylvania. This recognition was based on the firm’s 2021 litigation work and its important ongoing cases. LawDragon has recognized our attorneys in its list of the “500 Leading Plaintiff Consumer Lawyers” for 2022. This list notes: “From the opioid epidemic to toxic substances and defective products, truck accidents to wildfires and sexual abuse, these are the lawyers who stand on the front line in individual lawsuits and class actions seeking justice.” Mr. Schelkopf was named to Pennsylvania’s Best Lawyers® 2022 for Class Actions/Mass Tort Litigation. The American Lawyer named Mr. Sauder to its 2021 Northeast Trailblazers. The honor recognizes 60 lawyers who are “truly agents of change.” It “recognizes professionals in the Northeast who have moved the needle in the legal industry.” The Legal Intelligencer named Mr. Sauder and Mr. Schelkopf in its 2020 Pennsylvania Trailblazers list recognizing 31 lawyers who “have taken extra measures to contribute to positive outcomes . . . and who are truly agents of change.” The Legal highlighted the firm’s innovative work on advocacy as class counsel in large institutional sex abuse cover-ups, women’s, and children’s rights. Our attorneys have also consistently been recognized by their peers being named to Pennsylvania SuperLawyer, a distinction held by the top 5% of attorneys in Pennsylvania. The National Trial Lawyers Association has also selected our attorneys as the Top 100 Trial Lawyers in Pennsylvania.
We Want to Hear from You
If you or a loved one has suffered harm due to content actively promoted by a social media platform, you may have legal options.