Meta Faces Class Action Alleging Photos Fed AI and Face Recognition

A group of Illinois and California parents and children has filed a proposed federal class action accusing Meta of turning Facebook and Instagram photos into biometric data without notice or consent. The suit ties that alleged collection to two AI efforts: NameTag, an unreleased face-recognition feature for Meta smart glasses, and image-generation systems including Emu and Muse Image.

The legal theory turns on what happens after an image enters Meta’s systems. The complaint alleges that Meta extracted biometric identifiers from faces in uploaded photos and stored or used that information. For NameTag, plaintiffs say the technology could convert a face captured by Meta glasses into a biometric signature, often called a faceprint, then compare it with information derived from Facebook and Instagram images.

The case does not limit its challenge to NameTag. It also targets Emu and Muse Image, alleging that the training process for those generative AI systems created and stored biometric information associated with people in the images. The proposed class includes people whose images were uploaded to Facebook or Instagram, as well as people whose images were submitted through prompts to Meta’s generative AI systems.

The proposed class period begins on September 4, 2021. It could cover users, people whose faces appeared in uploaded images, and minors; the complaint estimates a national class in the millions. That scope is not a court finding, but it frames the dispute as a potential platform-wide use of facial data rather than a fight over a single image or feature.

What the plaintiffs are seeking

• Class certification and court orders that could require Meta to change the challenged practices.
• Monetary damages and other relief under Illinois and California law.
• Under BIPA, the complaint cites $1,000 for each negligent violation and $5,000 for each intentional or reckless violation, or actual damages if greater.

Meta says the lawsuit is without merit and misrepresents its work. The company said it has been transparent about how it uses information to build and improve AI products. On NameTag specifically, Meta said nothing had shipped to consumers, no final decision had been made about the feature, and it was not building a universal face database.

The new complaint arrives after costly earlier biometric cases. Meta agreed in 2020 to pay $650 million to settle an Illinois class action over an earlier face-recognition system. In 2024, it agreed to pay Texas $1.4 billion to resolve separate allegations over unlawful biometric-data collection. Those agreements do not resolve this case. The complaint acknowledges that Meta has not disclosed which images, if any, were used to generate biometric data in the ways alleged.