Meta Faces Class Action Lawsuit Over Facial Recognition and AI Practices

On September 4, 2026, a class action lawsuit was filed against Meta Platforms Inc. in the U.S. District Court for the Northern District of Illinois, Eastern Division. The lawsuit, brought by Wexler Boley & Elgersma LLP, alleges that Meta has been using facial images and biometric information from Facebook and Instagram users to develop and operate facial recognition and generative artificial intelligence technologies without obtaining the necessary consent.

According to the complaint, Meta has been collecting, storing, and using facial images and biometric data from its users to create and test technologies such as "NameTag" and generative AI models, including Emu and Muse Image. The lawsuit claims that this practice violates the Illinois Biometric Information Privacy Act (BIPA) and California law, including the California Constitution's right to privacy.

The complaint details that Meta has developed "NameTag" for use with its smart glasses and associated AI software. It alleges that this technology can transform faces captured by Meta's glasses into biometric signatures, or "faceprints," and compare them with biometric information stored by Meta from images uploaded to Facebook and Instagram. The lawsuit further states that Meta's use of images in its generative AI systems involves training models with images obtained from Facebook and Instagram accounts, resulting in the creation and storage of biometric information associated with individuals.

Wexler Boley & Elgersma LLP Partner Justin N. Boley commented, "People shouldn't have to worry if their biometric information will be misused simply because their photographs appear on a social media platform." The lawsuit alleges that Meta's practices violated BIPA because the company failed to provide a publicly available retention policy and did not obtain informed written consent before collecting and storing biometric identifiers.

Plaintiffs in the lawsuit include Illinois and California residents whose images were uploaded to Facebook or Instagram, or to Meta's generative AI models through user prompts. The proposed classes extend to people in the United States whose images were uploaded to Meta platforms or its generative AI models. The proposed class period spans from September 4, 2021, to the present.

The lawsuit seeks class certification, declaratory and injunctive relief, monetary damages, and other relief. It highlights that these privacy violations by Meta are not an aberration, but the foreseeable consequence of a business model that has thrived by collecting, analyzing, and monetizing personal data for over two decades.