Can I Sue Instagram?

Thousands of plaintiffs have joined a multidistrict litigation (MDL) action against Meta Platforms and other social media networks. The plaintiffs allege that social media apps like Instagram are designed to keep minors mindlessly scrolling to increase ad revenue.

The courts consolidated these lawsuits into an MDL designated In re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, MDL No. 3047.

The courts are still accepting plaintiffs who want to join the MDL. If you’ve been harmed by problematic use of Instagram, a social media harm lawyer can help you:

• Determine if you’re eligible to join the lawsuit
• Gather evidence for your case
• Join the federal MDL

An MDL combines cases that allege similar harms. This is similar to a class action, but there are differences:

• The courts still hear individual cases in an MDL
• Plaintiffs receive settlements or jury awards individually in an MDL rather than receiving a percentage of a single amount

Suggested reading: What is Multidistrict Litigation (MDL)?

Plaintiffs in the social media mental health MDL are suing platforms for deliberately designing features to keep younger users on the platform, even at the expense of their health. The lawsuits also allege that social media companies know that:

• Compulsive use of their platforms can cause mental and physical harm.
• Their platforms, including Instagram, are unsafe for kids.

The MDL isn’t about harmful content shared by third parties; it’s about the harmful features of social media networks. Social media companies aren’t legally liable for third-party content, according to Section 230 of the Communications Decency Act.

The cases in the MDL are personal injury lawsuits that seek justice for harms such as:

• Emotional distress
• Healthcare costs

Suggested reading: Types of damages in a lawsuit

You may be able to file a lawsuit against Instagram if you are:

• An adult who was harmed as a minor: If you are an adult (between the ages of 18 and 25 years old depending on the jurisdiction of where you reside) who was harmed as a minor (17 or younger), you may be eligible to file a suit on your own behalf. You may be eligible if you’ve experienced any of the negative outcomes described in this article.
• The parent or guardian of a minor: Parents or legal guardians can sue on behalf of a child who was harmed by the impact of social media. Harms may include mental health problems and self-harm.
• A government agency or school district: Schools and government agencies are suing social media companies over costs associated with the ongoing youth mental health crisis.

It’s possible to sue Instagram for any number of negative physical and mental health outcomes from using the app. Let’s take a look at some of the most common.

Problematic use

Problematic use is characterized by compulsive use of your Instagram account through the app or website. Studies show that children and teens often display this behavior. Overuse with more extreme negative impacts is especially prevalent among female users in their teens.

Social media companies have no shortage of legal troubles. Whistleblower Frances Haugen outed social media companies in 2021 for worsening eating disorders and suicidal thoughts in teenage girls. The addictive nature of social media platforms is a national concern, with teens admitting the platforms make their lives worse. During his term in office, President Biden recognized the need to hold social media companies accountable for having a negative impact on children.

Using Instagram or other social media sites can result in problematic behavior. Social media sites have been compared to slot machines because they use a similar system of rewards and variable returns. Notifications, likes, shares and interactions act as prizes, triggering the release of “happy hormones” such as serotonin and dopamine. These features draw Instagram users back to the app, looking for an emotional reward. It is alleged that this type of reward system is part of the intentional design of the platform.

Suggested reading: How does social media affect teens?

Symptoms of Instagram overuse

The symptoms of problematic Instagram use can begin in small ways. Eventually, checking the app may become compulsive, and symptoms may escalate. This can result in serious mental health conditions.

Minors often use social media to compare themselves and their lives to those of others. Since online posts are heavily curated, users can highlight the positives of their lives while leaving out negatives. This can result in children feeling left out or having less than their peers. This phenomenon is linked to depressive symptoms and eating disorders.

Social media overuse can have serious mental health outcomes. Social media use may become so extreme that young users can become fully immersed in the platform and lose track of time. The result of prolonged social media use contributes to a number of mental health conditions.

Here are signs to watch for:

• Anxiety
• Body image issues
• Compulsive use
• Depression
• Excessive use of continuous scrolling
• Recording or photographing mundane events
• Social comparison
• Suicidal ideation

If you or a loved one uses social media to the point that it interferes with your everyday life, you may be eligible to file a claim.

Mental health conditions

Research links social media to mental health conditions, including:

• Anxiety
• Depression
• Sleep disturbances

Social media has consistently been shown to negatively impact not only how young people feel, but also how they see themselves. Getting likes makes them feel good, which can lead to using the app compulsively.

If you or a loved one has struggled with mental illness as a result of using social media, consider consulting a lawyer to discuss your legal options.

Self-harm

Several studies have shown the link between self-harm and social media. Young girls in particular are susceptible to self-harm. Some resulting conditions include:

• Body dysmorphia
• Eating disorders
• Suicidal thoughts or actions

These symptoms are often related. For example, eating disorders may often occur in conjunction with other self-harming behaviors. Researchers have found that children and teens are in a vulnerable stage of development, making them susceptible to comparing themselves with peers and influencers.

Suggested reading: Dangers of Social Media for Youth

Emotional distress

You can sue Instagram for emotional distress if you have suffered harm. Studies have reported the mental health outcomes that may qualify as emotional distress associated with social media use. They include:

• Continuing suicidal thoughts or actions
• Lasting struggles with eating disorders
• The loss of a child
• The urge to self-harm

These serious and potentially life-threatening conditions are just some examples of the harmful impacts of social media. If you believe you or a loved one has been harmed by social media use, you may be able to take legal action. Consider seeking legal advice from one of our lawyers who has experience with how to file a lawsuit against Instagram. 

Motley Rice attorneys have worked for decades fighting for families and people. Our experience includes representing people dealing with social media companies and the harm they’ve caused.

Read more on our experience with social media harm.