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A Lawsuit Blames ‘Defective’ TikTok Algorithm for Children’s Deaths
Christian Hetrick
Christian Hetrick is dot.LA's Entertainment Tech Reporter. He was formerly a business reporter for the Philadelphia Inquirer and reported on New Jersey politics for the Observer and the Press of Atlantic City.
Social media companies are often accused of hosting harmful content, but it’s very hard to successfully sue them. A federal law known as Section 230 largely protects the platforms from legal responsibility for hate speech, slander and misinformation created by its users.
But a new lawsuit blaming TikTok for the deaths of two children is taking a different approach. Rather than accuse the company of failing to moderate content, the complaint claims TikTok is a dangerous and defective product.
The suit, filed last week in Los Angeles County Superior Court, takes aim at the video sharing app’s recommendation algorithm, alleging that it served up videos depicting the deadly “Blackout Challenge,” in which people choke themselves to achieve a euphoric feeling. Two children—8-year-old Lalani Erika Walton and 9-year-old Arriani Jaileen Arroyo—died last year after allegedly trying the "blackout challenge," the suit said.
“We believe that there is a fundamental flaw in the design of the algorithm that directs these children to this horrific thing,” Matthew Bergman, the lawyer for the children's families, told dot.LA. Bergman is the founding attorney for the Social Media Victims Law Center, a self-described legal resource for parents of children harmed by social media.
Section 230 has long been an obstacle for social media’s opponents. "You can't sue Facebook. You have no recourse,” U.S. Sen. Richard Blumenthal, a Democrat from Connecticut, said last year after Facebook whistleblower Frances Haugen detailed Instagram’s toxic effect on young girls. The federal law’s defenders contend that Section 230 is what allows websites like YouTube and Craigslist to host user-generated content. It would be infeasible for companies to block all the objectionable posts from their massive user bases, the argument goes.
The strategy of bypassing that debate altogether by focusing on apps’ designs and features has gained steam lately. In May, an appellate panel ruled that Santa Monica-based Snap can’t dodge a lawsuit alleging that a Snapchat speed filter—which superimposed users’ speeds on top of photos and videos—played a role in a deadly car crash at 113 mph. The judges said Section 230 didn’t apply to the case because the lawsuit did not seek to hold Snap liable as a publisher.
Similarly, California lawmakers are advancing a bill that would leave social media companies open to lawsuits alleging their apps have addicted children. Proponents of the bill take issue with product features such as likes, comments and push notifications that grab users’ attention, with the ultimate goal of showing them ads.
“A product liability claim is separate and distinct from suing a company for posting third party content or publishing third party content, which we know has been unfruitful in many ways, for many years, as a vehicle to hold these companies accountable,” Bergman said.
Representatives for Culver City-based TikTok did not return a request for comment. In a previous statement about another TikTok user’s death, a company spokesperson noted the “disturbing” blackout challenge predates TikTok, pointing to a 2008 warning from the Centers for Disease Control and Prevention about deadly choking games. The spokesperson claimed the challenge “has never been a TikTok trend.” The app currently doesn’t produce any search results for “blackout challenge” or a related hashtag.
It’s too early to tell whether product liability claims will be more successful against social media companies. “We're realistic here. This is a long fight,” Bergman said. In the meantime, his suit against TikTok takes pains to note what it is not about: the users posting the dangerous challenge videos.
“Plaintiffs are not alleging that TikTok is liable for what third parties said or did [on the platform],” the suit said. “but for what TikTok did or did not do.”
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Christian Hetrick
Christian Hetrick is dot.LA's Entertainment Tech Reporter. He was formerly a business reporter for the Philadelphia Inquirer and reported on New Jersey politics for the Observer and the Press of Atlantic City.
🔦 Spotlight
Hello Los Angeles!
We talk a lot about AI in L.A., usually in the context of streaming platforms that “recommend” a movie you regret watching or apps that let you swap your face onto a Marvel poster. But the most interesting AI stories here aren’t gimmicks; they’re rewiring the hidden machinery of massive, slow moving industries. And this week, that spotlight falls on…lawyers.
LawPro.ai, a Los Angeles based legal tech startup, just closed a priced seed round led by Scopus Ventures to bring AI deeper into the world of injury claims. Their new “Case Assistant” isn’t about flashy automation, it’s about instantly surfacing case insights, cutting down endless hours of drafting, and helping law firms run with the precision of a Formula 1 pit crew.
Here’s why this matters: the legal industry has been one of the last holdouts when it comes to adopting tech that actually speeds things up. Now, with AI making its way from the red carpet to the courtroom, we’re watching the early stages of a shift that could change how justice is delivered in real time. In L.A., we’ve already seen AI startups shaking up entertainment, aerospace, and healthcare. Legal might be next.
And if LawPro.ai pulls it off, you might not just get a faster verdict, you might see the ripple effect across an industry that has spent decades charging by the hour. In other words, the billable clock might finally start running in our favor.
🤝 Venture Deals
LA Companies
- Equatic, a company using a patented seawater electrolysis process to remove atmospheric carbon dioxide while producing green hydrogen, has raised $11.6M in a Series A funding round. The round was co-led by Temasek Trust’s Catalytic Capital for Climate and Health (C3H) and Singapore-based Kibo Invest, and the capital will support the engineering, commercialization, and construction of its first 100‑kilotonne carbon removal facility, as well as broader manufacturing and technological development. - learn more
- SetPoint Medical has secured $140M in private financing, comprising a $25M second tranche of its Series C round and a $115M Series D round co-led by Elevage Medical Technologies and Ally Bridge Group. The funds will be used to launch and scale commercialization of the FDA approved SetPoint System, a pioneering neuroimmune modulation implant that targets the vagus nerve to treat moderate to severe rheumatoid arthritis, as well as to advance development of therapies for other autoimmune conditions. - learn more
LA Venture Funds
- Bonfire Ventures participated in Topline Pro’s $27M Series B funding round to help the company scale its AI driven platform for local home service businesses. Topline Pro provides tools for plumbers, landscapers, painters, and other service providers to manage websites, marketing, CRM, payments, and more, enabling them to operate as scalable, autonomous enterprises. The new funding will be used to enhance its AI agent suite and expand onboarding, customer success, and product development capabilities to deliver greater ROI for small businesses. - learn more
- B Capital participated in Isaac Health’s $10.5M Series A funding round, backing the company’s mission to expand access to brain health and dementia care. Isaac Health provides virtual and in-home services nationwide and will use the funds to enhance its AI-driven screening tools, strengthen its technology platform, and grow partnerships with health systems and payers. - learn more
- Bold Capital Partners joined a $44M Series C financing round for Gameto, a clinical stage biotech company developing stem cell derived reproductive therapies. The new funding, which brings Gameto’s total capital raised to approximately $127M, will support completion of its pivotal Phase 3 trial of Fertilo, an iPSC derived egg maturation therapy, and the company’s global regulatory filings and commercialization efforts. - learn more
- M13 led a seed round that raised $8.5M for Mako, a New York based AI startup focused on automating GPU code optimization. Mako’s platform lets developers write in familiar high level languages while its AI intelligently generates and continuously tunes low level GPU kernels, yielding faster performance, cost savings, and compatibility across hardware like NVIDIA, AMD, and Tenstorrent. The fresh funding will be used to expand the engineering team, deepen hardware support, and bring Mako’s performance tools to a broader audience in AI, graphics, simulation, and scientific computing. - learn more
- Rebel Fund participated in a $9M Series A round for Chowdeck, a profitable Nigerian food delivery startup aiming to build Africa’s next super app for food, groceries, and essentials. With this capital, Chowdeck plans to roll out its quick commerce strategy, powered by a network of dark stores and hyper local logistics, to speed up delivery across Nigeria and Ghana. - learn more
LA Exits
- Mayweather Boxing + Fitness has been acquired by Giant Ideas, LLC, alongside KickHouse, and will be combined with the company’s flagship brand Legends Boxing to form the largest skill based boutique fitness network with more than 70 studios worldwide. Rather than focusing solely on rapid expansion, the unified brands will prioritize operational excellence, franchisee success, and community driven skill development. - learn more
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Here's How To Get a Digital License Plate In California
03:49 PM | October 14, 2022
Photo by Clayton Cardinalli on Unsplash
Thanks to a new bill passed on October 5, California drivers now have the choice to chuck their traditional metal license plates and replace them with digital ones.
The plates are referred to as “Rplate” and were developed by Sacramento-based Reviver. A news release on Reviver’s website that accompanied the bill’s passage states that there are “two device options enabling vehicle owners to connect their vehicle with a suite of services including in-app registration renewal, visual personalization, vehicle location services and security features such as easily reporting a vehicle as stolen.”
Reviver Auto Current and Future CapabilitiesFrom Youtube
There are wired (connected to and powered by a vehicle’s electrical system) and battery-powered options, and drivers can choose to pay for their plates monthly or annually. Four-year agreements for battery-powered plates begin at $19.95 a month or $215.40 yearly. Commercial vehicles will pay $275.40 each year for wired plates. A two-year agreement for wired plates costs $24.95 per month. Drivers can choose to install their plates, but on its website, Reviver offers professional installation for $150.
A pilot digital plate program was launched in 2018, and according to the Los Angeles Times, there were 175,000 participants. The new bill ensures all 27 million California drivers can elect to get a digital plate of their own.
California is the third state after Arizona and Michigan to offer digital plates to all drivers, while Texas currently only provides the digital option for commercial vehicles. In July 2022, Deseret News reported that Colorado might also offer the option. They have several advantages over the classic metal plates as well—as the L.A. Times notes, digital plates will streamline registration renewals and reduce time spent at the DMV. They also have light and dark modes, according to Reviver’s website. Thanks to an accompanying app, they act as additional vehicle security, alerting drivers to unexpected vehicle movements and providing a method to report stolen vehicles.
As part of the new digital plate program, Reviver touts its products’ connectivity, stating that in addition to Bluetooth capabilities, digital plates have “national 5G network connectivity and stability.” But don’t worry—the same plates purportedly protect owner privacy with cloud support and encrypted software updates.
5 Reasons to avoid the digital license plate | Ride TechFrom Youtube
After the Rplate pilot program was announced four years ago, some raised questions about just how good an idea digital plates might be. Reviver and others who support switching to digital emphasize personalization, efficient DMV operations and connectivity. However, a 2018 post published by Sophos’s Naked Security blog pointed out that “the plates could be as susceptible to hacking as other wireless and IoT technologies,” noting that everyday “objects – things like kettles, TVs, and baby monitors – are getting connected to the internet with elementary security flaws still in place.”
To that end, a May 2018 syndicated New York Times news service article about digital plates quoted the Electronic Frontier Foundation (EFF), which warned that such a device could be a “‘honeypot of data,’ recording the drivers’ trips to the grocery store, or to a protest, or to an abortion clinic.”
For now, Rplates are another option in addition to old-fashioned metal, and many are likely to opt out due to cost alone. If you decide to go the digital route, however, it helps if you know what you could be getting yourself into.
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Steve Huff
Steve Huff is an Editor and Reporter at dot.LA. Steve was previously managing editor for The Metaverse Post and before that deputy digital editor for Maxim magazine. He has written for Inside Hook, Observer and New York Mag. Steve is the author of two official tie-ins books for AMC’s hit “Breaking Bad” prequel, “Better Call Saul.” He’s also a classically-trained tenor and has performed with opera companies and orchestras all over the Eastern U.S. He lives in the greater Boston metro area with his wife, educator Dr. Dana Huff.
steve@dot.la
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