A group of parents and their children from Illinois and California has initiated a federal lawsuit against Meta, claiming that the tech giant unlawfully utilized photos from Facebook and Instagram to enhance its artificial intelligence (AI) image generation systems and develop its unexplored “NameTag” face recognition feature for smart glasses.
The suit alleges that Meta extracted biometric data from individuals’ images without their consent, violating privacy laws in both states. The legal action follows the revelation that coding for the NameTag feature had been covertly added to the Meta glasses AI companion app, which has been downloaded over 50 million times. Although the feature is currently inactive for users, it was found designed to create biometric signatures from captured faces and compare them with stored faceprints on users’ devices, which were set up to receive updates from Meta.
Plaintiffs argue that the faceprints may come from images uploaded by users on Facebook and Instagram, referencing claims made by Meta employees regarding the feature’s ability to recognize individuals through Meta connections or public Instagram accounts. The lawsuit also highlights that Meta has not disclosed how it generated the biometric data, maintaining that such information is proprietary.
In addition to the NameTag feature, the complaint focuses on Meta’s AI systems like Emu and Muse Image. Meta’s leadership has previously stated that these systems leverage large amounts of data from Facebook and Instagram, which they describe as a "data advantage." The plaintiffs contend that the training processes involved in these AI models illegally harvested biometric information from users.
A Meta spokesperson insisted the lawsuit lacks merit, reiterating that the company practices transparency in handling user data. They clarified that the NameTag feature has not been marketed to consumers and any future implementation will be done thoughtfully and transparently.
The lawsuit highlights growing concerns about how social media companies handle biometric data. The plaintiffs, including Francisco Alvarez and his son from Illinois, and Jeremy Wahl and his 10-year-old daughter from California, represent a proposed class of individuals across the United States whose images were uploaded or used within Meta’s AI systems since September 4, 2021. They seek significant monetary compensation under Illinois’ Biometric Information Privacy Act, which could amount to millions.
This legal challenge is not the first for Meta concerning its management of biometric data. The company previously settled a related class action in 2020 for $650 million and has faced further legal scrutiny over its practices.
In response to concerns over the NameTag feature, Meta removed the associated code from its app shortly after the news broke, claiming the system’s existence was misunderstood. However, analysis suggested the potential for a functional face-recognition system hidden within an app widely downloaded by the public.
Overall, the case reflects ongoing tensions surrounding privacy, consent, and the extent to which companies like Meta leverage user data.
