Meta sued over alleged illegal use of user photos for AI training and face recognition

Meta faces a federal class action lawsuit filed on September 4, 2026, accusing it of harvesting biometric data from Facebook and Instagram photos without consent. The suit alleges Meta used these faceprints to train generative AI models and build "NameTag," an unreleased facial recognition system for smart glasses. Meta denies the claims, calling the suit meritless. The plaintiffs seek statutory damages under Illinois' BIPA, pointing to Meta's history of major privacy settlements.

Meta NameTag facial recognition system

• ▪Meta Chief Technology Officer Andrew Bosworth described NameTag as a feature under exploration that could recognize people a glasses wearer had previously met and asked the device to remember.
• ▪Meta removed the NameTag code from its companion app the day after WIRED's June 4, 2026 report, arguing the feature never existed because it was not available to consumers.
• ▪Code for NameTag, an unreleased facial recognition system designed for Ray-Ban and Oakley AI smart glasses, was discovered in Meta's companion app in early June 2026.
• ▪The NameTag system was designed to turn faces captured by smart glasses into biometric signatures and compare them with faceprints stored in a database on the user's phone.

Illinois BIPA class action lawsuit

• ▪Wexler Boley & Elgersma LLP filed a class action lawsuit against Meta on September 4, 2026, in the U.S. District Court for the Northern District of Illinois.
• ▪The lawsuit against Meta was filed on behalf of Illinois resident Francisco Alvarez, California resident Jeremy Wahl, and their children, seeking to represent a national class of millions.
• ▪The lawsuit against Meta seeks statutory damages under the Illinois Biometric Information Privacy Act of $5,000 per intentional or reckless violation and $1,000 per negligent violation.
• ▪A Meta spokesperson stated that the lawsuit is without merit, misrepresents Meta's work, and that no final decision has been made regarding the NameTag feature.

Facebook Instagram AI training data

• ▪Meta's Muse Image system drew criticism in the summer of 2026 for allowing users to generate images based on other people's public Instagram accounts before Meta removed the feature.
• ▪Meta has publicly acknowledged using public Facebook and Instagram posts to train its AI models, with Chief Product Officer Chris Cox calling the platforms a data advantage.
• ▪The lawsuit alleges Meta illegally harvested biometric information from Facebook and Instagram photos to train generative AI models, including its Emu and Muse Image systems.

Biometric data collection without consent

• ▪The proposed class action against Meta covers individuals whose images were uploaded to Facebook or Instagram or submitted to Meta's AI systems since at least September 4, 2021.
• ▪The Illinois Biometric Information Privacy Act requires companies to obtain explicit written consent before collecting biometric data and to publish a public data retention policy.
• ▪The lawsuit accuses Meta of extracting biometric faceprints from user-uploaded photos of both registered users and non-users without providing notice or obtaining explicit written consent.

Meta prior privacy settlements

• ▪Meta agreed to pay $650 million in 2020 to settle an Illinois class action lawsuit under the Biometric Information Privacy Act regarding its Tag Suggestions photo feature.
• ▪In November 2021, Meta announced it would shut down its automated facial recognition system and delete more than one billion faceprints.
• ▪Meta paid $725 million in 2022 to resolve claims related to the Cambridge Analytica scandal without admitting any wrongdoing.
• ▪Meta agreed to pay $1.4 billion to the state of Texas in 2024 to resolve allegations that the company unlawfully collected biometric data from users.

Debatable claims

• ▪Meta should abandon its NameTag facial recognition feature for smart glasses
• ▪Meta should obtain explicit consent before using user photos to train AI