HB2568: Prohibited applications and websites; private civil action.

Legislative Summary

Prohibited applications and websites; private civil action. Prohibits TikTok, Inc. and ByteDance Ltd. from providing access to TikTok to any child within the Commonwealth and allows a child or the child's parent, guardian, or legal custodian to bring an action against TikTok, Inc. or ByteDance Ltd. for providing such access. The bill provides that if a plaintiff prevails in such action, he may recover (i) damages of $75,000 for each discrete violation, (ii) other damages, and (iii) reasonable costs and attorney fees. The bill also allows a plaintiff to recover punitive damages if the defendant knowingly provided the child access. The bill provides that it shall be an affirmative defense that TikTok, Inc. or ByteDance Ltd. did not reasonably know or have reason to know of the provision of such access of TikTok to a child in the Commonwealth. The bill also specifies that such civil action shall not be brought by the Commonwealth, its agencies, its political subdivisions, an attorney for the Commonwealth, a city or county attorney, nor any officer or employee of the Commonwealth, its agencies, or its political subdivisions acting in his official capacity.