Florida Attorney General James Uthmeier has announced legal action against Snap Inc., the operator of the popular Snapchat social media company.
In the lawsuit, Uthmeier’s office claims the company knowingly and willingly breaking Florida statute, enshrined in last year’s HB3, and the Florida Deceptive and Unfair Trade Practices Act.
“We take the safety and security of children very seriously, and as part of our mission to make Florida the best place to raise a family, we are holding social media platforms that harm children accountable,” Uthmeier said. “Snap is deceiving Florida parents about the dangers children face on the app, from behavioral addictive features to allowing sexual predators and drug dealers access, and we cannot allow this deception to continue.”
Uthmeier
| File photo
Passed by the Legislature last year and signed into law by Gov. Ron DeSantis, HB 3 identifies five addictive design features that some social media platforms use to promote behavioral addiction and compulsive use. Snapchat utilizes four of the five such features, including infinite scrolling, push notifications, personal interactive metrics that indicate the number of times other users have clicked a button to reveal their reaction to content or have shared or reposed content (such as SnapStreaks) and auto-play videos.
The law also prohibits covered social media platforms that deploy those features from contracting with and providing accounts to people who the apps know are 13 years of age or younger. HB 3 requires that platforms obtain parental consent before contracting with and providing accounts to people who are 14 or 15 years old.
Uthmeier’s office says Snap Inc. has acknowledged in other litigation that it is subject to HB 3, yet is openly defying Florida law. The lawsuit claims Snap continues to market Snapchat in Florida as safe for users as young as 13, even though it knows that Snapchat can be easily used to access pornography and buy drugs, among many other dangers.
Uthmeier’s lawsuit states that rather than obeying Florida law, Snap is actively deceiving parents about the risks associated with using the platform.
"Despite being subject to HB 3, Snap contracts with and provides accounts to Florida users who it knows are younger than 14," the complaint states. "It also fails to seek parental consent before contracting with and providing accounts to Florida users who it knows are 14 or 15 years old.
“Snap is openly and knowingly violating HB 3, and each violation constitutes an unfair and deceptive trade practice under FDUTPA (a state law known as the Florida Deceptive and Unfair Trade Practices Act). …
“"Push notifications exploit users' natural tendency to seek and attend to environmental feedback, serving as distractors that monopolize attention. Young users are especially sensitive to these triggers and less able to control their response and resist reopening the app. Snapchat sends push notifications to users, regardless of age, frequently and at all hours of the day and night. ,,,
“"The disappearing nature of Snapchat content contributes to the app's harm to young people. This aspect of Snapchat encourages users to open the app and keep coming back to it constantly, and it preys on minor users who are especially sensitive to a fear of missing content."
Additionally, the lawsuit states other dangers faced by minors on the app that Snap Inc. fails to address in violation of Florida law — including exposing minors to harmful content that includes profanity; alcohol, tobacco, and drug use; sexual content and nudity; and mature or suggestive themes.
The legal action also notes the ease with which online predators or drug dealers can contact minors.
The lawsuit was filed April 21 in Santa Rosa County Circuit Court.