Meta sued for using Facebook and Instagram photos to train AI and face-recognition systems
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A new class action lawsuit alleges Meta illegally harvested biometric data from social media users to build unreleased face-matching tools and generative AI models.
A group of parents and children in Illinois and California filed a lawsuit last week in Chicago federal court against Meta. The proposed class action alleges the company illegally used photos from Facebook and Instagram to train generative AI models and build NameTag, a face-recognition system designed for smart glasses. The complaint claims Meta violated privacy laws in Illinois and California by extracting biometric information without notice or consent. According to reporting by WIRED, code for the NameTag feature was found embedded in the Meta glasses companion app, which has been downloaded over 50 million times. While Meta hasn't enabled NameTag for users, an analysis showed the system could turn faces into biometric signatures and compare them against faceprints in a database. Meta has denied building a "central face database" but hasn't clarified where the faceprints come from. The lawsuit alleges these prints are likely derived from the billions of images stored on Meta's platforms. ## The AI training pipeline
The legal action also targets Meta's image-generation tools, Emu and Muse Image. Chief product officer Chris Cox previously described the massive library of Facebook and Instagram images as a "data advantage" for the company. The plaintiffs argue this training process involves the illegal harvesting of biometric data from anyone appearing in those photos. Muse Image recently faced backlash for a feature that allowed users to generate images based on public Instagram accounts. Meta removed that feature shortly after its release, admitting the company "missed the mark."
A history of biometric settlements
This isn't new territory for Meta. The company has a documented history of paying out massive sums for biometric privacy violations. In 2020, they paid $650 million to settle a similar class action in Illinois. By November 2021, they claimed they'd shut down that specific system and deleted a billion faceprints. More recently, in 2024, Meta agreed to a $1.4 billion settlement with the state of Texas over unlawful biometric data collection. Despite these payouts, the company continues to push boundaries. Although Meta removed the NameTag code from its app the day after investigative reports surfaced in June, CTO Andrew Bosworth later discussed the feature on a podcast. He suggested it could recognize people a wearer had previously met, calling it a "great feature."
Millions of potential plaintiffs
The plaintiffs include Francisco Alvarez, Jeremy Wahl, and their children. The proposed class, however, is much larger. It covers people across the U.S. whose images were uploaded to Facebook or Instagram or used in AI prompts since September 4, 2021. The complaint estimates the group could number in the millions. Under the Illinois Biometric Information Privacy Act, the suit seeks $5,000 for each intentional violation and $1,000 for each negligent one. Meta maintains the lawsuit is without merit. A spokesperson stated that nothing has shipped to consumers and no final decisions have been made regarding NameTag. The complaint, however, points to the company's long-standing attitude toward user data, citing a 2004 chat where Mark Zuckerberg used a slur to describe users who trusted him with their information.