TikTok Settlement Signals Trouble for Big Tech, Says Defense Attorney Josh Kolsrud

Social Media on Trial: A Familiar Legal Playbook

In his Phoenix Fox 10 Talks appearance, defense attorney Josh Kolsrud frames the TikTok social media addiction settlement as part of a much larger legal pattern—one that closely mirrors the historic lawsuits against Big Tobacco. Josh explains that the core legal question isn’t simply about overuse or personal responsibility, but about what these companies knew, when they knew it, and whether they adequately warned young users about potential harm. Just as tobacco companies faced scrutiny for marketing addictive products to youth, social media companies are now being challenged over their role in contributing to serious mental health issues.

" the core legal question isn’t simply about overuse or personal responsibility, but about what these companies knew, when they knew it"

Why Proving Harm Is So Difficult

Josh emphasizes that these cases are legally complex because plaintiffs claim their mental health issues developed over months or years, not from a single, identifiable incident. Unlike more direct causation cases—such as those involving specific acts facilitated by technology—pinning long-term mental illness on one platform like TikTok or Instagram is an uphill battle. According to Josh, proving that any single company directly caused these outcomes will be extraordinarily difficult, which is why courts and juries may struggle with these claims.

The Real Reason Companies Are Settling

Despite the legal challenges, Josh believes settlements are happening for one big reason: discovery. He explains that tech companies are highly motivated to avoid revealing internal documents that could expose how platforms are deliberately engineered to keep users hooked—using casino-style psychological tactics, dopamine-driven feedback loops, and engagement algorithms designed to maximize screen time. Josh predicts more settlements ahead, not because companies believe they’ll lose in court, but because they don’t want the public to see how deeply intentional these design choices really are.

Key Takeaways from Josh Kolsrud

• Social media addiction lawsuits mirror past Big Tobacco litigation
• Proving long-term mental harm from one platform is legally challenging
  
• Platforms allegedly use gambling-style psychology to drive addiction
  
• Companies are settling to avoid damaging discovery disclosures
  
• Expect more settlements as Big Tech avoids deeper legal scrutiny

This case, Josh suggests, may not redefine personal responsibility—but it could radically reshape how tech companies are held accountable behind the scenes.