AB 2408: Social media platform: child users: addiction.

Existing law, the California Consumer Privacy Act of 2018, prohibits a business from selling the personal information of a consumer if the business has actual knowledge that the consumer is less than 16 years of age, unless the consumer, in the case of a consumer at least 13 years of age and less than 16 years of age, or the consumers parent or guardian, in the case of a consumer who is less than 13 years of age, has affirmatively authorized the sale of the consumers personal information.

This bill, the Social Media Platform Duty to Children Act, would specify that prohibit a social media platform, as defined, is also responsible for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person, and would specify, for a social medial platform, that ordinary care or skill includes the platforms use of any design, feature, or affordance that from using a design, feature, or affordance that the platform knew, or by the exercise of reasonable care should have known, causes a child user, as defined, to become addicted to the platform. The act would authorize a public prosecutor the Attorney General or a district attorney, county counsel, or city attorney to bring an action to recover or obtain certain relief, including a civil penalty of up to $25,000 per violation, and a mimumum amount of damages to be awarded per member of the class in a class action. The bill would also specify a mimumum amount of damages to be awarded per member of the class in any class action that is not brought by a public prosecutor. $250,000 for a knowing and willful violation, and an award of litigation costs and attorneys fees. The bill would provide that a social media platform is not subject to a civil penalty if it demonstrates that it met certain requirements, and would exempt a social media platform that is controlled by a business entity that generated less than $100,000,000 in gross revenue during the preceding calendar year or whose primary function is to allow users to play video games.