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Texas: AG secures $1.4B settlement with Meta over unauthorized capture of personal biometric data

On July 30, 2024, the Office of the Attorney General of Texas (AG) announced that the AG secured a $1.4 billion settlement with Meta Platform Inc. over the unauthorized capture and use of personal biometric data of Texans under the Texas Capture or Use of Biometric Identifier Act (CUBI).

Background

The press release outlined that in 2011, Meta released and automatically activated a feature allegedly allowing users to 'tag' photographs with the names of people on the photo, as well as ran facial recognition software on every face in the photographs uploaded to Facebook, capturing records of the facial geometry of the individuals.

In February 2022, the AG sued Meta for unlawfully capturing the biometric data of millions of Texans without obtaining their informed consent.

Findings of the AG

The AG found that Meta's data collection violated CUBI and the Texas Deceptive Trade Practices Act. In particular, CUBI forbids companies from capturing biometric identifiers, including records of face geometry, unless the business first informs the person and receives their consent to capture the biometric identifier.

Outcome

In light of the above, the AG secured a $1.4 billion settlement with Meta, which Meta will pay over a period of five years.

You can read the press release here and the final order here.