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New Lawsuit Takes a Unique Approach To Holding Social Media Companies Accountable
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.
Behind Her Empire: Fashionphile Founder Sarah Davis Talks Luxury Handbags and Divvying Up Tasks
03:03 PM | April 03, 2023
Courtesy of Behind Her Empire
On this episode of Behind Her Empire, Fashionphile Founder and President Sarah Davis shares her journey from turning a means of survival into her primary source of income.
Needing some extra cash to pay for her law school tuition, Davis started selling random items she had around her house on eBay. She was blown away by how much she earned.
“I started buying things to resell and I started with clothing, accessories and shopping at consignment stores,” Davis said. “Trying to look for high end things at consignment stores and also Neiman Marcus, Last Call, Saks Off Fifth — where there's a screaming deal that I could flip on eBay. I realized right off the bat clothes are really hard…. handbags really keep their value.”
She quickly learned that luxury handbags and accessories sold faster and maintained their value on the secondary market.
“And they're really challenging because eBay at the time — 95% of them were counterfeit,” she said. “In the early 90s, eBay was not what it is today. It was very wild west. There was no authentication.”
With her eBay business booming, Davis took the bar exam and passed. While most law graduates would opt for a stable job after passing, Davis enjoyed the work and relationship she had with her resell clients. She started to explore the opportunity of expanding. A friend of a friend who “knew about money” suggested that she read EMyth, which taught her that to run a successful business she should allocate smaller tasks like packaging to someone else, so that her efforts could be focused on networking and growth.
“You can teach someone to package nicely, you can teach someone how to photograph,” she said. “But there's parts of you that you can't teach somebody yet. And so I hired a couple of part time college girls and literally started making money.”
Davis founded Fashionphile, a resale platform for pre-owned ultra luxury accessories back in 1999.
Today, Fashionphile has a 30,000 square foot headquarters in Carlsbad, California, and brick and mortar showrooms all around the country. In 2006, she partnered with her brother in law with a business background to help her continue to grow the company.
“I wanted to have someone who was equally invested,” Davis expressed. “And had the same passion and enthusiasm, who was going to grow with me with those weaknesses…He really brought those essential elements to help me to kind of professionalize it and to grow it.”
A year later, the company opened up an office in Beverly Hills which allowed customers to bring in their unwanted luxury bags in person versus the traditional online route. Still, 97% of Fashionphile’s inventory sells online, with the rest selling out of their physical locations.
Despite being self funded for almost 20 years, Davis realized that they needed to upgrade in order to stay in the game, because there were so many competitors entering the resale market space. But that required more money, so she and her team agreed to finally fundraise.
“We went out with a traditional fundraising round looking for a private equity partner and ended up with Neiman Marcus as our first investor,” Davis exclaimed. “Can you imagine?! It was like a Cinderella moment.”
From such a young age, Davis was always hustling and making money on the side and it’s a lesson she has carried on with her and ultimately gave her the confidence to start her business.
“People who reach out to me and they'll say I've got an idea or you know I've been thinking about this thing and there's so much angst about making it perfect before they launch something,” Davis said. “We've been talking about this now for years. If you would have just got started back then and just iterated along the way, you've actually had something at this point. I think sometimes we glamorize a more thought out business plan.”
dot.LA Reporter Decerry Donato contributed to this post.
This podcast is produced by Behind Her Empire. The views and opinions expressed in the show are those of the speakers and do not necessarily reflect those of dot.LA or its newsroom.
Hear more of the Behind Her Empire podcast. Subscribe on Stitcher, Apple Podcasts, Spotify, iHeart Radioor wherever you get your podcasts.
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Decerry Donato
Decerry Donato is a reporter at dot.LA. Prior to that, she was an editorial fellow at the company. Decerry received her bachelor's degree in literary journalism from the University of California, Irvine. She continues to write stories to inform the community about issues or events that take place in the L.A. area. On the weekends, she can be found hiking in the Angeles National forest or sifting through racks at your local thrift store.
LA's Top Startups for 2023, According to Area VCs
06:01 AM | December 26, 2022
Evan Xie
Los Angeles, like the rest of the startup world, saw a dip in global venture funding. As of November 2022, funding reached $22 billion, which is 69% lower than the previous year.
Despite the massive downturn in funding due to the decline in technology stocks at the end of 2021 combined with concerns about rising inflation, it did not stop the startups on this list from raising funding. We asked more than 30 leading L.A.-based investors for their take on the hottest firms in the region. (We also asked VCs not to pick any of their own portfolio companies, and vetted the list to ensure they stuck to that rule.)
They selected a few live-shopping platforms, space startups and payment software companies and we've organized the list based on the amount of capital raised as of January, according to data from PitchBook.
Here are the eight L.A. startups VCs have their eyes on as they look ahead to 2023.
Anduril ($2.32B raised)
Anduril Industries Is Getting Hundreds of Millions to Build Border Surveillance Tech Image by Ian Hurley
Given how much the company has raised to date, it was no surprise that Costa Mesa-based defense technology startup and U.S. military contractor Anduril was the name that most often came up among L.A. venture investors.
Oculus co-founder Palmer Luckey, Founders Fund partner Trae Stephens, ex-Palantir executives Matt Grimm and Brian Schimpf founded Anduril in 2017. The startup is most known for its core software product, an operating system called Lattice, which is used to detect potential security threats.
To date, the startup has received investments from Andreessen Horowitz, Founders Fund, General Catalyst, D1 Capital Partners and venture capitalist Elad Gil.
ServiceTitan ($1.1B raised)
Earlier this year, the Glendale-based firm filed for an initial public offering. Since its founding in 2012, the company’s co-founders, Ara Mahdessian and Vahe Kuzoyan built its software for a wide range of service industries, from plumbing and landscaping to pest control and HVAC.
The company’s growth is largely driven by its ability to acquire other businesses, including landscaping software provider Aspire and pest control-focused platforms ServicePro and, earlier this month, FieldRoutes.
Whatnot ($484.41M raised)
The Marina del Rey-based livestream shopping platform makes the ‘Hottest Startups’ list for a second year in a row. The online marketplace was founded by former GOAT product manager Logan Head and ex-Googler Grant LaFontaine and made its name by providing a live auction platform for buying and selling collectables like rare Pokémon cards, and has since expanded into sports memorabilia, sneakers and apparel.
It’s no secret that its success is in part, due to the partnerships Whatnot inked this year, like UFC fighter Jorge Masdival to sell sports collectibles on the platform. Along with science fiction/fantasy comics publisher Heavy Metal to bring out original content for the Whatnot community.
Boulevard ($110.35M raised)
Los Angeles-based salon booking app Boulevard attracted backers including Santa Monica-based early-stage VC firm Bonfire Ventures, which focuses on B2B software startups. The startup builds booking and payment software for salons and spas and now it now serves 25,000 professionals across 2,000 salons. Boulevard has also worked with prominent brands such as Toni & Guy and HeyDay.
Varda Space ($53M raised)
Space manufacturing startup Varda focuses on designing, developing, and manufacturing products that benefit from low gravity. The products that the El segundo-based company manufactures in space are intended to be brought back down with the hope that it will improve life on earth. The forward-thinking company was founded by Founders Fund partner Delian Asparouhov and former SpaceX officer Will Bruey.
Papaya (65.2 million)
Sherman Oaks-based Papaya was founded by Patrick Kann and Jason Metzler. The company was built to make it easier for consumers to pay “any” bills — whether it's a hospital bill or a parking ticket — all on the mobile app. To pay, users take a picture of their bill and type in the amount they want to send as long as the end user has a mailing address or an online payment portal. Papaya utilizes optical character recognition, a software that enables the app to look at every bill — no matter what the format is — and recognize each piece of information.
Impulse Space ($30 million raised)
Based in El Segundo, Impulse Space creates orbital maneuvering vehicles capable of delivering multiple payloads to unique orbits from a single launch. Founded in 2021 by former SpaceX exec Tom Mueller built his company as a last-mile delivery partner for future inter-space missions, like servicing space stations. In July, the space startup inked a deal with Long Beach-based reusable rocket maker Relativity Space to accelerate the entry of its rover into Mars.
Popshop Live (24.5 million raised)
Whatnot competitor Popshop Live is betting that live-shopping is the future of ecommerce. The West Hollywood-based company primarily focuses on selling collectables such as trading cards and anime merchandise.
In the summer of 2021, the company bolstered its team by hiring former Instagram and Instacart executive Bangaly Kaba to lead platform growth and former head of Uber Eats Jason Droege to lead expansion.
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Decerry Donato
Decerry Donato is a reporter at dot.LA. Prior to that, she was an editorial fellow at the company. Decerry received her bachelor's degree in literary journalism from the University of California, Irvine. She continues to write stories to inform the community about issues or events that take place in the L.A. area. On the weekends, she can be found hiking in the Angeles National forest or sifting through racks at your local thrift store.
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