PDC chair dismisses complaint alleging TikTok refused ad-record inspection

On July 1, 2025, Washington State Public Disclosure Commission Chair Jay Leach ordered dismissal of staff’s complaint against TikTok, concluding the record did not establish that TikTok functioned as a "commercial advertiser" for purposes of the PDC inquiry.

"There has been a failure to establish that TikTok is a commercial advertiser for the purposes of this hearing," Leach said, noting the record contained what he described as a single paid posting and that staff bears the burden of proof. He added: "I'm going to order that the complaint be dismissed." The case was identified in the record as PDC case 17-157884.

PDC staff, represented in the hearing by Alice Feynman, told the Commission it alleged two violations: an alleged failure to maintain commercial-advertising records and an alleged failure to respond to a request for those records under RCW 42.17A and implementing WAC rules. Feynman summarized the allegations and said staff had provided briefs to the parties.

Counsel for TikTok clarified details of the payments cited in staff’s filing. "It's actually a $24 payment," counsel said, and added that a second payment of the same amount was frozen by the company so it could not be used for political advertising while the matter was pending. Staff also corrected the record on timing, saying the ad appeared in 2024.

Leach framed his ruling narrowly: he said that, on the existing record, a single paid post (and the payment details as clarified) was not sufficient to meet staff’s burden that TikTok acted as a commercial advertiser. He emphasized the decision was limited to this record and "isn't setting a precedent for any complaints that should come in the future."