Florida Sues Snapchat Over Unlawful Conduct Of Addictive Features And Unlawful Access For Minors

Background

Snapchat, an instant message sharing website, has been alleged by the Attorney General (AG) to be pushing policies and app features that make children addicted to the app and deceive parents. The AG has alleged that the actions of the app are in violation of the provisions of the HB 3 Act introduced in 2024 and Florida's Unfair Trade Practices Act (“FDUTPA”). The AG notes several app features that ensnare teenagers and the policies of the company that are in direct violation of the Act. The AG, in their suit, has stated that Snapchat has an enormous user base of teenagers, with a huge number of them below the age of 14, which, as per the Act, is in direct contravention of its provisions. The HB 3 Act brings social media companies under its purview with features such as: (1) allowing users to upload content or view the content or activity of other users; (2) having ten percent or more of their daily active users under the age of 16 who spend, on average, two hours or more per day on the application; (3) employing algorithms that analyze user data or information to curate content for users; and (4) including at least one of five specified “addictive features,” which the AG claims Snapchat has.

Allegations against Snapchat

Under § 501.1736(2)(a) of the Act, social media platforms are required to prohibit a minor who is 14 or 15 years of age from entering into a contract with a social media platform to become an account holder, unless the minor's parent or guardian provides consent for the minor to become an account holder. It is the case of the Attorney General (AG) that Snapchat has acted in contravention of this provision, with the company itself acknowledging, through various sources, that it has teenagers as users. Although subject to H.B. 3, Snap continues to enter into contracts and provide accounts to Florida users it knows are under the age of 14. Additionally, it does not obtain parental consent before contracting with and providing accounts to users it knows are 14 or 15 years old. The AG claims that an investigator in the Attorney General's Office was able to set up an account on Snapchat using a new phone and entering a 13-year-old's date of birth. By engaging in such conduct, Snap is knowingly and openly violating H.B. 3, and each of these violations constitutes an unfair and deceptive trade practice under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA).

The second allegation against Snapchat is that the app includes features that are highly addictive to impressionable young users. In the suit, the Attorney General (AG) highlighted various features of the platform that promote behavioral addiction and negatively impact user well-being. These features include disappearing messages, which Snap promoted as a core aspect of Snapchat, emphasizing the motto “Delete is our default.” Most messages sent through the platform are automatically deleted after being viewed or after a set period, with user-configurable options to delete messages immediately, after 24 hours, or after 7 days. In group chats, messages are deleted 24 hours after all participants have viewed them, or 31 days after being sent, whichever occurs first. Stories are available for only 24 hours. This disappearing content model contributes to compulsive usage by encouraging constant engagement and exploiting users' fear of missing out.Snap also offers “lenses,” which are augmented reality filters that significantly alter a user's appearance, often simulating the effects of cosmetic procedures. These beauty filters have been linked to body image issues in some users, a condition known as “Snapchat Dysmorphia,” and in certain instances, have driven individuals to pursue real-life cosmetic surgery. Furthermore, Snap employs algorithms specifically engineered to maximize user engagement, prolonging users' time on the app regardless of the potential adverse effects on their mental health.Furthermore, the Attorney General (AG) contends that Snap continues to market Snapchat in Florida as safe for users as young as 13, despite being aware that the platform can be easily used to access pornography, purchase drugs, and engage in other dangerous activities. Snap secured a significant share of the teenage social media market by promoting Snapchat as appropriate for minors, in part by assigning itself favorable age ratings—“12+” on the Apple App Store and “T for Teen” on Google Play and Microsoft Stores. These age ratings, however, are misleading. Although Snapchat contains psychologically harmful features and widespread mature content, Snap minimizes these risks in its responses to Apple's age-rating questionnaire, designating categories such as “sexual content and nudity” and “mature/suggestive themes” as “infrequent/mild.”Apple requires developers to answer the age-rating questionnaire accurately and warns that misrepresentations may result in consumer complaints or regulatory action. Despite this, Snap's misclassification of its content misleads consumers, especially parents, regarding the app's suitability for young users. The AG asserts that the app includes features in violation of Florida law, which expose minors to harmful content, including profanity, alcohol, tobacco, drug use, sexual content, nudity, and mature or suggestive themes.

Case Title: Office Of The Attorney General, State Of Florida v Snap Inc