By Chase Boss, Junior Editor
5.17 billion people—just over 60% of the world’s population—are active on social media.[1] This number is expected to grow as internet access spreads to remote parts of the globe. As social media grows, so does the potential for broader, negative implications.
The benefits of social media, including global connectivity and the spread of new ideas and information, have been frequently touted. Today, social media’s continued rise has been part of a troubling phenomenon: performance crime. These occur when an individual films themself committing a crime, later posting the footage online for entertainment.
Performance crime itself is not a new phenomenon. In the 80s and 90s, “wilding” was a popular trend; the introduction of social media, however, has sped up the process virality, and broadened its reach to a global audience.[2]
COVID-19 and the Increase in Performance Crime Access
Performance crimes and other harmful social media trends have become more frequent as access to platforms like Instagram and TikTok has expanded. TikTok’s own research has found that a staggering 95% of all smartphone users under the age of seventeen use their app.[3] The explosive growth of Gen Z on TikTok was not a coincidence, however. As COVID-19 forced schools to shift to remote learning, young people looked to their phones to connect with others and the world. This shift fueled the rapid increase in TikTok account creation in early 2020.[4]
The popularization of performance crimes post-2020 likely did not begin with a performance crime itself; instead, many on TikTok realized that the community has the potential to get you rich if you follow the crowd.
In 2021, the pandemic pushed companies like AMC and GameStop to consider bankruptcy. At the same time, TikTok’s widespread network of users amplified the popularity of the Reddit stock trading community, r/wallstreetbets. Popular Redditors within the community encouraged others to buy shares in the struggling companies to counteract the hedge funds that were shorting those stocks. These casual internet traders attempted to pull off a short squeeze by rushing the market with their stock purchases, successfully driving up the stock price. As hedge funds scrambled to cover their losses, AMC’s stock surged 300% within the month.[5] The SEC and state agencies continue to investigate alleged market manipulation on the part of r/wallstreetbets Redditor, “Roaring Kitty,” but no charges have been filed.[6]
Kia and Hyundai Trend
The virality of r/wallstreetbets and the search for “the next best thing” on TikTok made the perfect conditions for performance crime. The first high-profile example of this phenomenon was the Kia/Hyundai trend in 2022: a security vulnerability in the cars’ systems was exposed, revealing a simple hotwiring method that could be completed in under ninety seconds.
The “Kia Boys” documentary was released on YouTube and later reposted on several social media platforms.[7] The reposted videos gained traction on TikTok and led to an explosion of vehicle thefts nationwide.[8] Kia and Hyundai, the sixth and seventh most popular car brands in the United States,[9] were at the center of this trend. By 2023, both brands had topped the list of the most stolen vehicles in the country.[10]
The thefts prompted the attorneys general of seventeen states to call for a federal recall of millions of Kia and Hyundai vehicles.[11] But what are the preventative measures that can stop performance crimes from going viral?
In response to the trend, TikTok claimed that videos on their platform that promote theft or other crimes would be removed if discovered.[12] The platform’s community guidelines shed some light on their content moderation policies when it comes to performance crimes, such as the Hyundai/Kia posts.[13]
TikTok prohibits dangerous or harmful challenges, specifically those that involve physical harm. However, when it comes to other online challenges, TikTok’s Safety Center offers tips on spotting online challenges, leaving the responsibility for assessing a trend’s safety to the individual.[14]
The difficult truth is that not all performance crimes are as overt as stealing a car, and TikTok’s content policy becomes complicated when posted content lacks an apparent crime or harm. Additionally, with such a large and ever-growing user base, effective content moderation—both by TikTok employees or content moderation algorithms—becomes increasingly burdensome.
The most recent and notable performance crime was a scam. The difficulty posed by scams is that a post may need to be classified as showing a criminal to fall under TikTok’s content moderation policy. In general, scams posted on TikTok are addressed only through an education page, with no clear process for content removal.[15]
Chase Bank “Glitch”
Unlike the Kia/Hyundai challenge, the recent performance crime was not explicitly known as against the law. Thus, moderators would have to take a more intimate assessment of the posted content to see if it actually qualifies as an act prohibited by TikTok’s policy. To make matters more difficult, social media users suggested that the next trend was nothing more than a ‘glitch,’ but those who attempted the trend found out the hard way that what they were doing was the age-old check-kiting fraud.
This year, the JPMorgan Chase Bank “glitch” spread on TikTok. Videos claimed that writing a large check to yourself, depositing it at an ATM after banking hours, and withdrawing available funds before the check was processed was a glitch that gave out free money. After JPMorgan Chase detected users attempting this scheme, they reversed the deposits, leaving many with large negative account balances.[16]
In response to the massive influx of check-kiting attempts, a Chase spokesperson told the New York Post, “[r]egardless of what you see online, depositing a fraudulent check and withdrawing the funds from your account is fraud, plain and simple.” JPMorgan Chase has since referred cases of discovered fraud to law enforcement.[17]
Ignorance is no defense for breaking the law; users who attempted the glitch now face not only criminal prosecution but also the risk of disqualification from other banking services, as well as damage to their credit reports.[18]
JPMorgan Chase retained Miami-based firm Greenberg Traurig to file suit against a handful of those who attempted the Chase Bank glitch. Lawsuits filed in federal courts in Florida, Texas, and California allege that customers breached their deposit account agreements with JPMorgan Chase by attempting the “infinite money glitch.”[19] In one filing, a defendant deposited a $335,000 fraudulent check and still owes the bank over $290,000 as of the date of the complaint.[20] In total, the four lawsuits Greenberg Traurig has filed so far has alleged JPMorgan Chase is owed at least $661,000, though the full extent of losses from the Chase Bank glitch trend remains unreported.[21]
What Now?
Fourteen state attorneys general have sued TikTok, alleging that the app’s designer intended to addict young people to their app while also deceiving the public about the risks.[22] More recently, the platform’s future in the United States remains to be determined, as TikTok awaits a ruling from the Supreme Court on the divest-or-ban law.[23] The company faces mounting challenges, both from several states and the federal government; even if TikTok disappears, performance crime will likely remain a significant issue.
Internet access continues to expand, and another social media platform will likely take TikTok’s place. The convergence of financial stress from the COVID-19 pandemic with viral trends and clickbait culture will continue to feed an environment ripe for performance crime.[24] The appeal of “free money” may always be a persisting temptation, regardless of the platform that may popularize it. Moving forward, social media companies should critically assess the policies they implement in moderating content, striving to balance the protection of free speech with the legitimate need to mitigate the potential spread of harmful or disorderly behavior.
[1] Shubham Singh, How Many People Use Social Media (2024 Statistics), Demandsage (Sept. 2, 2024), https://www.demandsage.com/social-media-users/.
[2] Claudia Lauer & Haleluya Hadero, TikTok and other social media trends are thrusting performance crimes into the US spotlight, Associated Press (May 22, 2023, 5:57 AM EST), https://apnews.com/article/tiktok-social-media-challenges-crime-hyundai-kia-3baec4220ee2c874347e0ef0e74cf920.
[3] Bobby Allyn et al., TikTok executives know about app’s effect on teens, lawsuit documents allege, NPR (Oct. 11, 2024, 5:30 AM EST), https://www.npr.org/2024/10/11/g-s1-27676/tiktok-redacted-documents-in-teen-safety-lawsuit-revealed.
[4] Cameron Flores, Quick Guide to TikTok & its Growth During COVID-19, https://www.adlucent.com/resources/blog/quick-guide-to-tiktok-its-growth-during-covid-19/.
[5] Alex Weprin, AMC Entertainment Stock Surges, Fueled by Traders on Reddit, The Hollywood Reporter (Jan. 27, 2021, 6:47 AM), https://www.hollywoodreporter.com/business/business-news/amc-entertainment-stock-surges-fueled-by-traders-on-reddit-4122607/.
[6] Gordon Gottsegen, Were Roaring Kitty’s GameStop posts illegal? A former SEC lawyer explains the recent scrutiny, MarketWatch (June 5, 2024, 12:32 PM ET), https://www.marketwatch.com/story/were-roaring-kittys-gamestop-posts-illegal-a-former-sec-lawyer-explains-the-recent-scrutiny-cac8cea7.
[7] Tommy G, Kia Boys Documentary (A Story of Teenage Car Theft) (May 31, 2022), https://youtu.be/fbTrLyqL_nw?si=w_b0zSHgh_0sv7jj.
[8] Sara Morrison, The Kia Challenge, explained, Vox Media (June 8, 2023, 4:44 PM EDT), https://www.vox.com/technology/2023/6/1/23742757/kia-hyundai-challenge-tiktok-instagram-youtube.
[9] Leading car brands in the United States in 2023, based on vehicle sales, Statista, https://www.statista.com/statistics/264362/leading-car-brands-in-the-us-based-on-vehicle-sales/.
[10] Riley Hodder, Hyundai and Kia led U.S. in vehicle thefts in 2023 after TikTok videos, Automotive News (June 14, 2024 2:35 PM), https://www.autonews.com/regulation-safety/hyundai-kia-led-us-vehicle-thefts-after-tiktok-videos/.
[11] Khristopher J. Brooks, Kia and Hyundai owners who had their cars stolen can get settlement money, CBS News (July 15, 2024 9:57 AM EDT), https://www.cbsnews.com/news/kia-hyundai-car-theft-settlement-tiktok/.
[12] Morrison, supra note 8.
[13] Youth Safety and Well-Being, TikTok (Apr. 17, 2024), https://www.tiktok.com/community-guidelines/en/youth-safety/?cgversion=2024H1update&lang=en.
[14] Online Challenges, TikTok (Dec. 11, 2024), https://www.tiktok.com/safety/en/online-challenges.
[15] Scams, TikTok (Dec. 17, 2024), https://www.tiktok.com/safety/en/scams.
[16] Tom Nawrocki, After TikTok’s ‘Glitch’ Craze, Banks Look to Prevent the Next Fraud Fad, PaymentsJournal (Oct. 30, 2024), https://www.paymentsjournal.com/after-tiktoks-glitch-craze-banks-look-to-prevent-the-next-fraud-fad/.
[17] Weston Blasi, JPMorgan sues four people over ‘Chase Bank glitch.’ Here’s how much money they allegedly stole, MarketWatch (last updated Nov. 2, 2024 10:30 AM ET), https://www.marketwatch.com/story/jpmorgan-sues-four-people-over-chase-bank-glitch-heres-how-much-money-they-allegedly-stole-c6e69ef9.
[18] Rahkim Sabree, Viral ‘Chase Bank Glitch’ Isn’t The Hack People Thought It Was, Forbes (Sept. 1, 2024, 9:08 PM EDT), https://www.forbes.com/sites/rahkimsabree/2024/09/01/viral-chase-bank-glitch-isnt-the-hack-people-thought-it-was/
[19] Mason Lawlor, Greenberg Traurig Initiates String of Suits Following JPMorgan Chase’s ‘Infinite Money Glitch’, (Oct. 29, 2024 5:22 PM),https://www.law.com/2024/10/29/greenberg-traurig-initiates-string-of-suits-following-jpmorgan-chases-infinite-money-glitch/.
[20] JPMorgan Chase Bank, N.A. v. Timipah Ikemi, Complaint, No. 4:24-cv-4140 (S.D. Tex. Oct. 28, 2024), https://pdfserver.amlaw.com/legalradar/pm-55626564_complaint.pdf.
[21] Blasi, supra note 17.
[22] Allyn, supra note 3.
[23] Zach Schonfeld & Julia Shapero, TikTok asks Supreme Court to delay divest-or-ban law, The Hill (Dec. 16, 2024 3:28 PM ET),https://thehill.com/regulation/court-battles/5042750-tiktok-supreme-court-delay-divest-ban-law/.
[24] Sabree, supra note 18.
