Trial News

In a landmark settlement, Meta Platforms, Inc., has agreed to pay $1.4 billion to the state of Texas to resolve claims that it illegally collected biometric data that was contained in uploaded photos and videos on Facebook from millions of Texans without their consent. Texas Attorney General Kevin Paxton heralded the settlement as the largest one obtained as the result of an action by a single state. (Texas v. Meta Platforms, Inc., No. 22-0121 (Tex. Dist. Ct. Jul. 30, 2024)).

The Capture or Use of Biometric Identifier Act (CUBI), passed by the Texas legislature in 2009, prohibits companies from collecting biometric identifiers such as facial geometry without first obtaining informed consent from the individuals involved. Texas claimed that Meta’s practices, which affected millions of Texans, flagrantly disregarded this legal requirement.

Texas alleged that Meta violated CUBI and the Deceptive Trade Practices Act by capturing and storing facial recognition data through its “Tag Suggestions” feature on Facebook, introduced in 2011. The feature automatically scanned and identified people in photos and videos uploaded to Facebook, suggesting tags for their names—actions that Texas claimed were carried out without proper notification to or consent from users. Despite the potential for misuse of this sensitive data, Meta allegedly continued collecting biometric information for years without disclosing the practice to the public.

In November 2021, after backlash over its facial-recognition program and while facing a biometric data lawsuit in Illinois, Facebook announced that it would stop using the program and delete the faceprints of more than 1 billion people.

Under the settlement agreement, Meta agreed to discontinue the unauthorized collection of biometric data and comply with Texas privacy laws moving forward. The company will pay the $1.4 billion in installments over five years, and the funds will be directed toward privacy protection in Texas.

When the settlement was announced, Paxton said, “This historic settlement demonstrates our commitment to standing up to the world’s biggest technology companies and holding them accountable for breaking the law and violating Texans’ privacy rights. Any abuse of Texans’ sensitive data will be met with the full force of the law.”

Austin attorney Zina Bash, co-counsel to the Office of the Attorney General, said, “We are delighted to have secured the largest ever settlement by a single state—and especially to have done so in record time.”