Meta Platforms went to trial Tuesday in federal court in Oakland, California, facing accusations from state attorneys general that the company deliberately designed Facebook and Instagram to hook children, misled the public about the risks, and collected data on minors in violation of federal law. California, Colorado, Kentucky, and New Jersey are the four states participating in the trial, which is being heard by U.S. District Judge Yvonne Gonzalez Rogers.
The case was brought by a coalition of 29 states in 2023; the remaining 25 are expected to face separate proceedings later. The trial is expected to last about six weeks. According to the states, Meta engineered a suite of features — among them infinite scroll, autoplay, the "like" button, and recommendation algorithms — with the deliberate aim of keeping young users on its platforms as long as possible.
The lawsuit also claims Meta knowingly allowed children under 13 onto its platforms and collected their personal data without parental consent, in violation of the Children's Online Privacy Protection Act. The states are seeking up to $1.4 trillion in penalties — a figure Meta disclosed in a legal filing — plus changes to how Facebook and Instagram operate. Meta has denied the allegations.
"The AGs offer no proof anyone in their states was misled, claim benign features like having an additional Instagram account somehow harmed their residents, and attempt to penalize Meta for industry-wide challenges like age verification," a company spokesperson said in a statement. "We stand by our record of creating strong protections for teens, and look forward to making our case in court." The $1.4 trillion figure is roughly equal to Meta's entire market capitalization. Legal experts say a penalty of that scale is unlikely in practice.
"An award that large would put Meta into bankruptcy, wipe out its owners, and effectively result in the states owning Meta," Cornell Law School professor James Grimmelmann told ABC News. Meta CEO Mark Zuckerberg and Instagram chief Adam Mosseri are both expected to testify. Jury selection began last week after Meta's attempt to postpone the trial was rejected by the 9th U.S.
Circuit Court of Appeals. Judge Gonzalez Rogers opted for an advisory jury, an uncommon procedural approach in which jurors deliver opinions on specific questions that inform the judge's ultimate ruling. The states are also asking the court to order Meta to implement age restrictions, eliminate infinite scroll, and alter its content recommendation algorithm to prioritize user well-being over engagement.
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