Tribal Nations Sue Big Tech Over Social Media Addiction and Deceptive Marketing Practices

Strategic Insights -

Tribal nations have turned their sights on Big Tech, suing Meta, the owner and operator of Facebook and Instagram, for its role in harming Tribal youth through addictive social media platforms and deceptive marketing practices. This recent development comes on the heels of the Ninth Circuit's decision in NetChoice v. Bonta, which affirmed an injunction against addictive algorithms under California's SB 976, "Protecting Our Kids from Social Media Addiction Act." The Act limits the use of addictive feed algorithms and requires minors' accounts to be private. The Ninth Circuit's opinion has strengthened the case for states and Tribes to consider passing their own consumer protection statutes against social media platforms.

Key Takeaways:

  • The Master Settlement Agreement in 1998 did not include Tribal nations, who have since sued Big Pharma and secured financial settlements in opioid class action litigation.
  • Tribal nations have sued Meta for damages resulting from the company's deliberate targeting of adolescents through addictive algorithms and other harmful practices, which have disproportionately impacted vulnerable Tribal youth.
  • The complaints allege claims for racketeering, public nuisance, fraud, negligence, product liability, failure to warn, and unjust enrichment.
  • The Ninth Circuit opinion in NetChoice v. Bonta has strengthened the case for states and Tribes to consider passing their own consumer protection statutes against social media platforms.
  • The Chickasaw Nation of Oklahoma has sued Meta for damages resulting from the company's deliberate targeting of adolescents through addictive algorithms and other harmful practices.
  • The NetChoice opinion could weaken Meta's First Amendment defenses to lawsuits brought by state attorneys general and Tribal nations over the addictive nature and misleading marketing of social media platforms.
  • Tribal youth protection laws could create an independent Tribal statutory cause of action to be brought in Tribal Court.

Statistics:

  • The Master Settlement Agreement in 1998 was set to pay out $206 billion over the next 25 years, creating a revenue stream for the states.
  • The Ninth Circuit opinion in NetChoice v. Bonta has strengthened the case for states and Tribes to consider passing their own consumer protection statutes against social media platforms.
  • The complaints against Meta allege that the company uses design features to keep users on the platform, creating addiction and compulsive use.
  • Documents leaked from within Meta by a whistleblower show the company has known about, yet hidden, the dangers of its platform for years.

Sources:

  • Master Settlement Agreement, Settlement Agreement Between the Attorneys General of 46 States and the Participating Tobacco Manufacturers (Nov. 23, 1998), available at https://web.archive.org/web/20080625084126/http://www.naag.org/backpages/naag/tobacco/msa/msa-pdf/1109185724_1032468605_cigmsa.pdf
  • NetChoice, LLC v. Bonta, 23 F.4th 1048 (9th Cir. 2024), https://cdn.ca9.uscourts.gov/datastore/opinions/2025/09/09/25-146.pdf
  • The Chickasaw Nation of Oklahoma v. Meta Platforms, Inc. f/k/a Facebook, Inc. et al, No. 3:25-cv-07846-YGR (N.D. Cal. Sept. 15, 2025), https://www.pacermonitor.com/public/case/60157049/The_Chickasaw_Nation_of_Oklahoma_v_Meta_Platforms,_Inc_fka_Facebook,_Inc_et_al