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State of Indiana v. TikTok Inc., ByteDance Ltd., ByteDance Inc., and TikTok Pte. Ltd.
23A-PL-3110, 23A-PL-3111
Civil plenary. Affirms the Allen Superior Court’s dismissal of the State of Indiana’s complaints against foreign entities ByteDance, Ltd., ByteDance, Inc., and TikTok Pte., Ltd. for lack of personal jurisdiction. Reverses the trial court’s dismissal of the state’s amended complaint against TikTok Inc. Finds TikTok has purposefully invoked substantial contacts within Indiana, and the controversies at hand are related to those contacts and Indiana’s judiciary has specific personal jurisdiction over TikTok. Also finds TikTok’s business model of exchanging access to its content library for end-user personal data is a “consumer transaction” under Indiana’s Deceptive Consumer Sales Act. Finally, finds both of the state’s amended complaints also state a claim under the DCSA. Remands for further proceedings.
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