Meta Faces Lawsuit Over Data Used for AI and Facial Recognition Technologies

A group of parents and their children from Illinois and California initiated a lawsuit last week in a federal court in Chicago, claiming that Meta unlawfully utilized their Facebook and Instagram images to develop NameTag, an unreleased facial recognition system for its smart glasses, and to train generative AI models including Emu and Muse Image.

The proposed class action contends that Meta breached Illinois and California privacy laws by extracting biometric data from users’ photographs without their knowledge or consent.

WIRED highlighted in June that the code for NameTag had been discreetly integrated into the Meta glasses AI companion app, which was downloaded over 50 million times. Although the feature was not activated for app users, the analysis revealed that the system aimed to convert faces captured by the glasses into biometric signatures and compare them with so-called faceprints stored on the user’s phone. This database was set up to receive updates from Meta. At the time, WIRED could not ascertain the origin of the underlying faceprint data.

The lawsuit claims that these faceprints may originate from Facebook and Instagram photos, referencing reports indicating that Meta employees suggested NameTag could identify individuals through their Meta connections or public Instagram profiles, alongside a company patent describing face matching against profile photos and other images retained by Meta.

Meta informed WIRED in June that it was “not creating a central face database,” yet declined to respond to inquiries about whether NameTag would be opt-in or how the system would store faceprints. The complaint recognizes that Meta has not revealed which images, if any, were utilized to generate biometric data, stating that such information remains solely with the company.

The lawsuit also addresses Meta’s image-generation technologies. Meta has stated it trained Emu using extensive quantities of Facebook and Instagram images and text, with chief product officer Chris Cox referring to those platforms as a “data advantage” for its AI systems. The complaint alleges that this training process unlawfully collected biometric data about individuals featured in the images. Muse Image, introduced this summer, previously faced backlash for enabling users to create images based on other people’s public Instagram accounts, a feature the company retracted shortly after claiming it had “missed the mark.”

“This lawsuit is unfounded and misrepresents our work. We’ve been open about how we use people’s information to develop and enhance our AI products. Regarding NameTags, nothing has been released to consumers, and no final determination has been made on the next steps, if any,” a Meta spokesperson stated. “If we choose to launch something, we will do so thoughtfully and with complete transparency. One thing we can clarify—we are not creating a universal face database.”

“Individuals shouldn’t have to fear that their biometric data will be misused simply because their photos are posted on a social media platform,” said Justin Boley, a partner at Wexler Boley & Elgersma and attorney for the plaintiffs, in a statement.

The plaintiffs include Francisco Alvarez and his son, both residents of Illinois, and Jeremy Wahl, a California resident, along with his 10-year-old daughter. However, the proposed class encompasses individuals in Illinois, California, and throughout the United States whose images were uploaded to Facebook or Instagram or submitted to Meta’s generative AI systems via prompts, dating back to September 4, 2021. The complaint estimates that the nationwide class could potentially comprise millions of individuals.

Pursuant to Illinois’ Biometric Information Privacy Act, the plaintiffs are seeking $5,000 for each intentional or reckless violation, or actual damages if higher, and $1,000 for each negligent violation, or actual damages if greater, as well as injunctive relief. The claims from California seek additional damages and other forms of relief.