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Greco v. TikTok Inc.

CAFA Class Suit Over TikTok 'Challenges' Dismissed for Lack of Subject Matter Jurisdiction

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiff Leah Greco brings this putative class action on behalf of school districts in New York, Pennsylvania, Idaho, New Mexico, Utah, North Carolina, and Connecticut against Defendant TikTok, Inc. (Dkt. No. 1). Plaintiff brings a public nuisance claim against Defendant alleging that TikTok challenges have caused disruption and harm in schools, which has “unreasonably interfered with the rights of School Districts to provide an environment conducive to education,” and has forced school districts to “devote and divert resources” to remedy “destruction of property and violence.” (Dkt. No. 1,

45, 47-48). The complaint invokes federal jurisdiction under the Class Action Fairness Act of 2005, 28 U.S.C. §1332(d)(2), asserts a public nuisance claim, and seeks restitution, a judgment directing Defendant “to cease contributing to, and immediately abate the nuisance it has created and maintained within the proposed School Districts,” as well as monetary damages. (Id. at 6-7). Presently before the Court is Defendant TikTok, Inc.’s motion to dismiss the complaint under Federal Rules of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction, 12(b)(2) for lack of personal jurisdiction, and 12(b)(6) for failure to state a claim, and to strike the class allegations from the complaint under Rule 12(f). (Dkt. No. 6). The parties have filed responsive briefing. (Dkt. Nos. 10, 11). For the reasons below, Defendant’s motion to dismiss under Fed. R. Civ. P. 12(b)(1) is granted.1 II. FACTS2 TikTok, Inc. is a California corporation headquartered in Culver City, California, which provides a “social media video-sharing platform targeted to youth.” (Dkt. No. 1,

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