Closing arguments have ended in a New Mexico courtroom where Facebook, now known as Meta, faces trial over its alleged failure to protect users from a third-party quiz that collected data from 87 million profiles. The state’s attorneys accused Facebook of misleading users about privacy protections and asked jurors to find the company liable for thousands of violations of state law. Over the past two weeks, jurors have heard evidence and must now decide whether Facebook broke the state’s Unfair Practices Act and, if so, how many times. If violations are confirmed, a judge will determine how much Facebook would pay per violation. New Mexico is the only state to bring data breach claims to trial, seeking accountability from Meta, which also owns Instagram.
The case focuses on a 2018 incident involving a personality quiz app that gathered user data without proper consent and sold it to Cambridge Analytica, a political consulting firm that helped the 2016 campaign of Donald Trump. Randi McGinn, an attorney for the state, said users became “the product for Facebook,” with their personal information turned into data for advertisers. Facebook’s legal team countered, stating the company does not sell user information and that its revenue largely comes from targeted advertising. They argued that Facebook has strengthened privacy policies and safeguards in recent years, and that only two data breaches were identified in the past five years.
The trial included a video deposition of Meta CEO Mark Zuckerberg, who was questioned about a list of accounts that needed additional checks before content was removed from Facebook or Instagram. Prosecutors pressed him on an email in which he requested that employees add podcaster Joe Rogan’s accounts to the list. Zuckerberg said the company had to be cautious about removing sensitive content and that monitoring online content is a complex challenge. Prosecutors argued that the list created delays in fact-checking, allowing viral content to spread widely before being removed.
New Mexico is seeking up to $5,000 in penalties for each violation and an injunction to prevent future data breaches. The state estimates that around 350,000 residents were affected by the Cambridge Analytica breach, but prosecutors asked jurors to consider that Facebook may have misled all New Mexicans about privacy and content moderation. If jurors find Facebook guilty, the company could be forced to pay billions of dollars in penalties. Earlier this year, Meta agreed to pay up to $18 billion to settle a multistate lawsuit over child safety issues, but that settlement included a clause releasing Meta from liability related to the Cambridge Analytica breach. New Mexico is the only state to pursue legal action in this specific area, and the state also recently won $942 million in judgments against Meta related to minors’ safety, though those rulings are on hold pending an appeal.
New Mexico Trial Concludes Over Facebook's Data Privacy Practices
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