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Meta Faces Class Action Over Alleged Unauthorized Use of Facial Images and Biometric Data
A class‑action lawsuit was filed on Friday, September 4 2026, in the U.S. District Court for the Northern District of Illinois, Eastern Division, accusing Meta Platforms Inc. of collecting, storing and using facial images and biometric information from Facebook and Instagram users without the notice or consent required by law. The complaint, brought by residents of Illinois and California, alleges that Meta used images uploaded to its platforms to train facial‑recognition technology called “NameTag” and generative‑AI models Emu and Muse Image.
According to the complaint, NameTag was developed for Meta’s smart‑glasses line and its associated AI software. The technology could convert faces captured by Meta’s glasses into biometric signatures, or “faceprints,” and compare them with biometric data that Meta allegedly stored from images uploaded to Facebook and Instagram. The lawsuit also claims that Meta extracted and stored biometric identifiers from those images and used the resulting data for commercial purposes.
The complaint further focuses on Meta’s use of images in its generative‑AI systems. It alleges that Meta used images from Facebook and Instagram accounts to train Emu and Muse Image, and that the training process created and stored biometric information linked to people appearing in those images. The complaint states that biometric information can also be extracted and stored when images containing faces are submitted to Meta’s generative‑AI models through user prompts.
The lawsuit argues that Meta’s practices violated the Illinois Biometric Information Privacy Act (BIPA). Under BIPA, a private entity must provide a publicly available retention policy for biometric information and must give written notice or obtain informed written consent before collecting or storing biometric identifiers. The complaint claims that Meta failed to meet these requirements.
Plaintiffs also allege that Meta’s conduct violated California law, including the state’s common‑law right of publicity, California Civil Code § 3344(a), and the California Constitution’s right to privacy. They contend that Meta knowingly used individuals’ photographs, likenesses and biometric data for artificial‑intelligence training, product development, identity‑recognition functions, personalization systems and other commercial purposes without consent.
The proposed class includes a national class of people in the United States whose images were uploaded to Facebook or Instagram, or to Meta’s generative‑AI models through prompting. Separate Illinois and California classes cover people in those states whose images were uploaded to Meta platforms or its generative‑AI models. The class period is set to begin on September 4 2021 and extend through the present.
The lawsuit seeks class certification, declaratory and injunctive relief, monetary damages and other relief. It does not yet request a trial date, but the filing establishes the parties’ claims and the legal framework under which the case will proceed.
Meta’s history with facial‑recognition technology adds context to the allegations. The company shut down its Facebook facial‑recognition system in 2021, deleting face‑scan data of more than one billion users, after public backlash and regulatory scrutiny. The current lawsuit suggests that Meta may have continued to collect biometric data for other purposes, such as its smart‑glasses program and generative‑AI models.
The case highlights the growing regulatory attention to biometric data and the use of consumer images in AI training. If the court finds Meta’s practices violated BIPA or California privacy laws, the company could face significant liability and be required to alter its data‑collection practices.
At this stage, the lawsuit remains pending. The parties have not yet scheduled a hearing, and the court has not issued a ruling on the merits. The outcome will depend on the court’s assessment of Meta’s compliance with biometric‑privacy statutes and the validity of the plaintiffs’ claims.
The lawsuit underscores the broader debate over how technology companies handle user data, particularly biometric information, and the legal responsibilities that accompany the development of AI systems that rely on large datasets of personal images.
According to the complaint, NameTag was developed for Meta’s smart‑glasses line and its associated AI software. The technology could convert faces captured by Meta’s glasses into biometric signatures, or “faceprints,” and compare them with biometric data that Meta allegedly stored from images uploaded to Facebook and Instagram. The lawsuit also claims that Meta extracted and stored biometric identifiers from those images and used the resulting data for commercial purposes.
The complaint further focuses on Meta’s use of images in its generative‑AI systems. It alleges that Meta used images from Facebook and Instagram accounts to train Emu and Muse Image, and that the training process created and stored biometric information linked to people appearing in those images. The complaint states that biometric information can also be extracted and stored when images containing faces are submitted to Meta’s generative‑AI models through user prompts.
The lawsuit argues that Meta’s practices violated the Illinois Biometric Information Privacy Act (BIPA). Under BIPA, a private entity must provide a publicly available retention policy for biometric information and must give written notice or obtain informed written consent before collecting or storing biometric identifiers. The complaint claims that Meta failed to meet these requirements.
Plaintiffs also allege that Meta’s conduct violated California law, including the state’s common‑law right of publicity, California Civil Code § 3344(a), and the California Constitution’s right to privacy. They contend that Meta knowingly used individuals’ photographs, likenesses and biometric data for artificial‑intelligence training, product development, identity‑recognition functions, personalization systems and other commercial purposes without consent.
The proposed class includes a national class of people in the United States whose images were uploaded to Facebook or Instagram, or to Meta’s generative‑AI models through prompting. Separate Illinois and California classes cover people in those states whose images were uploaded to Meta platforms or its generative‑AI models. The class period is set to begin on September 4 2021 and extend through the present.
The lawsuit seeks class certification, declaratory and injunctive relief, monetary damages and other relief. It does not yet request a trial date, but the filing establishes the parties’ claims and the legal framework under which the case will proceed.
Meta’s history with facial‑recognition technology adds context to the allegations. The company shut down its Facebook facial‑recognition system in 2021, deleting face‑scan data of more than one billion users, after public backlash and regulatory scrutiny. The current lawsuit suggests that Meta may have continued to collect biometric data for other purposes, such as its smart‑glasses program and generative‑AI models.
The case highlights the growing regulatory attention to biometric data and the use of consumer images in AI training. If the court finds Meta’s practices violated BIPA or California privacy laws, the company could face significant liability and be required to alter its data‑collection practices.
At this stage, the lawsuit remains pending. The parties have not yet scheduled a hearing, and the court has not issued a ruling on the merits. The outcome will depend on the court’s assessment of Meta’s compliance with biometric‑privacy statutes and the validity of the plaintiffs’ claims.
The lawsuit underscores the broader debate over how technology companies handle user data, particularly biometric information, and the legal responsibilities that accompany the development of AI systems that rely on large datasets of personal images.
