Amends TCA Title 4 and Title 47, Chapter 18.

As of January 1, 2025, this bill requires parental consent for minors to become social media account holders or to continue as existing account holders. SOCIAL MEDIA AGE REQUIREMENT This bill requires a social media company to verify the age of an individual who (i) based on the internet protocol address being used by the individual, attempts to become an account holder in this state, at the time the individual attempts to become an account holder; or (ii) is a resident account holder, within 14 days of the account holder's attempt to access an existing account. This bill requires the social media company to verify the express parental consent for the minor to become or continue as an account holder if the individual is a minor. A social media company must prohibit a minor from becoming an account holder, or continuing as an account holder, unless the social media company has the express consent of the minor's parent to allow the minor to become or continue as an account holder. This bill, with respect to a current resident account holder whose age and parental consent, if applicable, were not verified before becoming an account holder, requires verification to occur within 14 days of the account holder's attempt to access an existing account. If a social media company does not verify that the individual is not a minor or the individual is a minor with parental consent, then the social media company must prevent the individual from becoming an account holder or accessing a current account, except to delete a current account, until the age verification or parental consent requirements of this bill are met. This bill provides that once age and parental consent, if applicable, have been verified to confirm that an individual may become or continue as an account holder, then the social media company is not required to reverify the individual's age and parental consent, unless parental consent is revoked. A social media company must allow a parent to revoke consent for a minor to become or continue as an account holder. PERMITTED ACCESS TIMEFRAME This bill requires a social media company to prohibit a minor account holder from accessing the minor's social media platform account during the hours of 10:30 p.m. and 6:30 a.m., unless access is modified by the minor account holder's parent. The permitted access timeframe must be calculated using the internet protocol address being used by the minor account holder at the time of attempting access. PARENTAL SUPERVISION This bill requires a social media company to provide a minor account holder's parent with means for the parent to supervise the minor's account. Such means must include options for the parent to (i) view privacy settings on the account; (ii) set daily time restrictions; (iii) access the minor's account outside of the time restrictions imposed pursuant to this bill; (iv) view all posts that the minor account holder makes on the social media platform; and (v) view all responses and messages sent to or by the minor account holder on the social media platform. This bill prohibits a social media company from permitting a minor account holder to change or bypass restrictions imposed by this bill or by the minor's parent under this bill. SOCIAL MEDIA ADDICTION PREVENTION This bill prohibits a social media company from using a practice, design, or feature on the company's social media platform that the social media company knows, or should know, causes a minor account holder to develop an addiction to the social media platform. This bill provides that a social media company is not subject to liability for a violation of the above provision if the social media company, as an affirmative defense, demonstrates that the social media company: (1) Instituted and maintained a program of at least quarterly audits of the social media company's practices, designs, and features that have the potential to cause or contribute to the addiction of a minor user; and (2) Corrected, within 30 days of the completion of an audit described in (1) above, any practice, design, or feature discovered by the audit to present more than a de minimus risk of violating this bill. This bill also provides that a social media company is not liable for: (i) content that is generated by an account holder, or uploaded to or shared on the platform by an account holder, that may be encountered by another account holder; (ii) passively displaying content that is created entirely by a third party; or (iii) information or content for which the social media company was not, in whole or in part, responsible for creating or developing. RULE PROMULGATION This bill requires the department of commerce and insurance to promulgate rules to establish (i) processes or means by which a social media company can comply with the age verification requirements of this bill; (ii) requirements for providing confirmation of the receipt of information provided by an individual seeking to verify the individual's age to open or access an account; (iii) processes or means to confirm that a parent has provided consent for the minor to open or access an account; (iv) requirements for retaining, protecting, and securely disposing of information obtained by a social media company, or an agent of the social media company, as a result of the requirements of this bill; and (v) additional rules as necessary to effectuate this bill. ENFORCEMENT BY ATTORNEY GENERAL This bill authorizes a person to file a complaint for a violation of this bill with the division of consumer affairs in the office of the attorney general. Whenever the attorney general believes that a social media company is engaged in, has engaged in, or is about to engage in an act or practice prohibited by this bill, based on a complaint received or other information, the attorney general must conduct an investigation in the same manner as provided in the Consumer Protection Act of 1977. If the attorney general determines that a social media company has violated this bill, then this bill requires the attorney general to provide the social media company with written notice (i) that identifies each alleged violation and provides an explanation for the basis of each alleged violation; and (ii) of the number of days that the social media company has to cure the violations. The attorney general must allow the social media company no less than 30 days to cure the violations. This bill prohibits the attorney general from bringing a cause of action for a violation of this bill if the social media company provides the attorney general with a written statement that: (i) the social media company has cured the violations described in the notice provided; and (ii) no further violation will occur. If a social media company fails to cure a violation for which the social company received notice, or, if after having received notice of a violation a social media company cured the violation and then subsequently commits another violation of the same provision, then this bill authorizes the attorney general to bring an action in the same manner as provided in the Consumer Protection Act of 1977, seeking an injunction, a civil penalty of up to $2,500 per violation, actual damages, or punitive damages. PRIVATE CAUSE OF ACTION This bill authorizes an individual to bring a private cause of action against a social media company to recover damages incurred by a minor account holder for an addiction, or financial, physical, or emotional harm suffered as a result of a violation of the provisions of this bill relevant to social media addiction. A private cause of action may be brought in the jurisdiction in which the minor account holder resides. This bill requires a court that finds that a minor account holder suffered damages due to an addiction, or financial, physical, or emotional harm resulting from the social media company's violation of the provisions of this bill relevant to social media addiction to award the greater of $2,500 for each incident of harm; or (ii) actual damages for the addiction, financial, physical, or emotional harm suffered by the minor account holder, if the court determines that the harm is a direct consequence of the social media company's violation. The court must award reasonable attorney's fees and court costs to the party prevailing in a private action brought pursuant to this bill. WAIVER PROHIBITED This bill provides that a waiver or limitation, or a purported waiver or limitation, of the following is void as unlawful and against public policy: (1) A protection or requirement provided under this bill; and (2) The right to cooperate with the attorney general or another law enforcement agency. This bill prohibits a court, arbitrator, or tribunal from enforcing or giving effect to such a waiver or limitation, notwithstanding a contract or choice of law provision in a contract.