mendation and making the adult appear connected to J. F.’ s social circle. Valentin- Rios allegedly used a Bitmoji avatar and false profile to portray himself as a local high-school student. He then exchanged thousands of messages with J. F., her cousin, and other minors who reportedly believed they were communicating with another teenager.
Over several months, according to the allegations, Valentin-Rios groomed J. F., used sextortion, and pressured her to send explicit photographs. On September 16, 2021, he allegedly coerced her into meeting him in person and sexually assaulted her. He later pleaded guilty and is serving an 18-year prison sentence.
The lawsuit also reportedly alleges that Snap permitted Valentin-Rios to operate multiple accounts, including an account created shortly before the assault that was connected through Quick Add to more than a dozen girls between the ages of 12 and 16. The firms contend that those minors were subsequently subjected to sexual solicitation or abuse.
The significance of those allegations extends beyond whether Snapchat failed to identify one dangerous account. Plaintiffs are poised to argue that the platform’ s recommendation mechanisms expanded the alleged predator’ s access to minors, while other features allowed him to conceal his identity, erase communications, and identify children in his vicinity.
Matthew P. Bergman, founding attorney of the SMVLC, said in announcing the case that the alleged assault“ did not happen in a vacuum.” He attributed the predator’ s access to Snapchat’ s underlying product design and alleged that company executives had long known their features were being exploited by offenders targeting children.
“ American law has long recognized that someone who knowingly creates an environment that is attractive to criminals bears responsibility for the foreseeable criminal conduct that occur on their premises,” Bergman said.“ A parking garage that fails to install adequate lighting in its stairwells is liable to customers who are assaulted by criminals who hide in the dark.”
Bergman added that Snapchat’ s accountability extends beyond failing to provide adequate safeguards for minors.
“ Its features affirmatively connects adult predators with vulnerable kids; identifies these criminals as‘ friends;’ enables them to disguise their true identities and malign intent; facilitates the grooming of impressionable children; allows predators to determine their victims’ home address; and erase the digital evidence of their crimes. Snapchat is an active accomplice to child sex abuse and must be held accountable.”
Product Liability, Not Merely Content Moderation
Social-media companies have historically invoked Section 230 of the Communications Decency Act when plaintiffs seek to hold them responsible for injuries arising from user-generated content. Emerging social-media cases, however, are increasingly structured around a different theory.
Rather than alleging only that a company failed to monitor, edit, or remove harmful communications, plaintiffs challenge design systems created and controlled by the platform itself. Those systems may include friend recommendations,
50 The Trial Lawyer