Zina Bash of Keller Postman LLC, also representing the state, called the settlement “unprecedented” and noted the novel legal approaches required to enforce Texas’ biometric privacy law for the first time. Bash praised the rapid resolution of the case, emphasizing the state’s urgency to protect residents’ privacy.
Meta’s Response and Legal Background
A Meta spokesperson expressed the company’s satisfaction with the resolution and its interest in future business investments in Texas. The spokesperson noted the company’s compliance with Texas’ statute and openness about the facial recognition feature.
Paxton sued Meta in February 2022, alleging violations of CUBI by collecting users’ biometric data without consent, unlawfully disclosing it to third parties, and failing to comply with data retention requirements. The facial recognition technology, introduced in 2010, was used to tag friends in photos and videos and was a feature in the Facebook app “Moments.”
Meta stopped using the facial recognition system in November 2021, following a $650 million class settlement in Illinois over similar allegations. Texas launched its investigation into Facebook’s technology in 2020, leading to the eventual lawsuit.
Legal Proceedings and Settlement Finalization
Before the settlement announcement, Meta and Texas were involved in an appellate dispute over whether CEO Mark Zuckerberg should be deposed. A Harrison County district court judge had ordered Zuckerberg to be available for deposition, leading to multiple appeals from Meta. The Texas Supreme Court removed the appeal from its docket after the settlement was announced.
