Meta Sued Over Facebook, Instagram Photos Allegedly Used to Train AI and Facial Recognition
Meta is facing a proposed class action accusing the company of using Facebook and Instagram photos without consent to extract biometric data, train artificial intelligence models, and develop facial recognition technology for its smart glasses.
The lawsuit, filed September 4 in federal court in Chicago, claims Meta collected information from faces appearing in social media images and used it to develop an unreleased facial recognition system called NameTag and generative AI models including Emu and Muse Image. The proposed class could include millions of people whose images appeared on Facebook or Instagram or were submitted to Meta’s AI products.
Illinois resident Francisco Alvarez and his minor son are among the plaintiffs, along with California resident Jeremy Wahl and his 10-year-old daughter. They accuse Meta of turning facial images into identifying biometric information without obtaining the consent they say is required under state privacy laws.
NameTag is at the center of the facial recognition claims. Plaintiffs say the technology was designed to convert faces captured through Meta smart glasses into unique biometric signatures that could be compared with stored data to identify a person.
Meta called the lawsuit “without merit” and said it misrepresents the company’s work. The company said NameTag has not been released to consumers and that no final decision has been made about whether the feature will move forward. Meta also denied that it is building a universal facial database.
The complaint separately focuses on Meta’s generative AI development. Plaintiffs claim images from Facebook and Instagram were used to train Emu and Muse Image in ways that involved collecting or creating biometric information tied to the people pictured. They also allege facial data can be generated when users upload images to Meta’s AI systems.
A key issue under Illinois law may be what Meta allegedly did with those photographs after obtaining them. The state’s Biometric Information Privacy Act excludes ordinary photographs from its definition of biometric identifiers but protects scans of face geometry and certain information derived from biometric identifiers.
Plaintiffs claim Meta crossed that line by extracting identifying data from faces without providing required notice or obtaining written consent. They also accuse the company of failing to maintain a legally required policy governing how biometric information is retained and destroyed.
Illinois law allows statutory damages of $1,000 for negligent violations and $5,000 when violations are found to be intentional or reckless, along with other relief. The complaint also brings California claims involving privacy, commercial misappropriation and the right of publicity.
Meta has faced major litigation over facial recognition before. The company agreed to a $650 million settlement resolving an Illinois class action over Facebook’s former photo tagging technology. Texas later secured a $1.4 billion settlement from Meta in 2024 after alleging the company captured facial geometry from photos and videos without legally required consent.
The latest lawsuit extends that biometric privacy fight into Meta’s generative AI and wearable technology. A central question will be whether the plaintiffs can show Meta created or collected protected biometric information from their images in a way that violated state privacy law. The court has not ruled on the allegations.
