New Mexico Sues Facebook Over Privacy Breach
New Mexico’s lawsuit against Facebook alleges the platform misled users about privacy protections, focusing on the Cambridge Analytica data breach. After two weeks of evidence, jurors will decide if Facebook violated the state’s Unfair Practices Act and the potential penalties. The case highlights…
By Felo News Desk · Published
New Mexico’s trial against Facebook has entered its closing phase, with attorneys urging jurors to hold the social‑media giant accountable for alleged privacy violations. The case centers on the infamous Cambridge Analytica data breach, which exposed the personal information of roughly 87 million users. The state seeks the maximum civil penalty of $5,000 per violation and an injunction to prevent future breaches.
What Happened
During Wednesday’s closing arguments, New Mexico’s counsel presented two weeks of evidence that Facebook failed to protect users from a third‑party personality quiz app that harvested data and sold it to Cambridge Analytica. The firm’s clients included the 2016 Donald Trump campaign. State attorneys argued that Facebook’s advertising model incentivized the company to provide targeted ad opportunities, effectively turning users into data products.
Facebook’s lawyers countered that the platform does not sell user information and that it has improved safeguards over the past five years. They highlighted that only two data breaches were identified in the state during that period, and that the company’s revenue and product teams remain separate.
Background and Context
New Mexico is the sole state that has taken its data‑breach claims to trial, following a broader 48‑state settlement with Meta in 2023 that addressed child safety and privacy concerns. That settlement, worth up to $18 billion, included a clause that released Meta from future liability related to the Cambridge Analytica breach. New Mexico, however, chose to pursue its own litigation, seeking maximum penalties and a permanent injunction.
Earlier this year, the state secured judgments totaling $942 million from Meta in a two‑phase trial over the company’s safety protections for minors. The court also ordered Meta to implement age‑verification technology and time limits on its platforms. Those judgments are currently on hold pending appeal.
Key Evidence and Testimony
A pivotal element of the trial was a video deposition of Meta CEO Mark Zuckerberg. Prosecutors questioned him about an email that requested adding podcaster Joe Rogan’s accounts to a list of accounts requiring additional checks before content removal. Zuckerberg explained that the company must balance removing sensitive content with respecting political speech. Prosecutors argued that the list created a fact‑checking backlog, allowing viral content to reach millions before removal.
State attorneys also highlighted that approximately 350,000 New Mexicans were exposed to the Cambridge Analytica breach, while prosecutors estimated over 1.3 million users in the state at the time. If jurors find Facebook liable, the company could face billions in damages.
What Happens Next
Jurors will now decide whether Facebook violated New Mexico’s Unfair Practices Act and, if so, how many times. The judge will subsequently determine the total penalty, potentially up to $5,000 per violation. The case remains a significant test of state‑level accountability for tech companies amid ongoing national scrutiny of data privacy.
While the trial is ongoing, Meta’s broader settlement with other states remains in effect, but New Mexico’s pursuit of a separate case underscores the state’s commitment to protecting its residents’ privacy.
For now, the outcome will hinge on the jury’s interpretation of the evidence and the legal arguments presented by both sides.
Key facts
- New Mexico seeks $5,000 per violation for Facebook’s privacy breaches
- Case centers on Cambridge Analytica data harvest of 87 million users
- Only state to take the case to jury after national settlement
- Meta CEO testified on content review and political speech
- Potential billions in damages if Facebook found liable
- Highlights state push for stricter tech accountability
Why it matters
The trial underscores the growing role of state courts in holding tech companies accountable for privacy violations, potentially influencing national policy and corporate practices.
Frequently asked questions
What is the Unfair Practices Act?
A New Mexico law that protects consumers from deceptive business practices.
How many violations could Facebook face?
The state seeks $5,000 per violation; the exact number depends on the jury’s findings.
What is the Cambridge Analytica breach?
A data scandal where a quiz app harvested user data and sold it to a political consulting firm.
Will the 48‑state settlement affect this case?
The settlement released Meta from future liability for Cambridge Analytica, but New Mexico pursued its own case.
Sources
- [1] independent.co.uk — originally reported as “Facebook accused of deceiving users in New Mexico as trial over privacy scandal wraps up”
