Meta Collects Illinois Residents’ Facial Scans Via Augmented Reality Filters on Messenger Apps, Class Action Says

New to ClassAction.org? Read our Newswire Disclaimer

A proposed class action alleges Meta Platforms has unlawfully collected Illinois residents’ facial geometries through the augmented reality (AR) filters offered on Facebook Messenger and Messenger Kids.

Want to stay in the loop on class actions that matter to you? Sign up for ClassAction.org’s free weekly newsletter here.

The 30-page lawsuit claims Meta has run afoul of the Illinois Biometric Information Privacy Act (BIPA), a state law that regulates the collection of residents’ biometric information—including retina or iris scans, voiceprints, facial geometries and finger- or handprints—by private entities.

According to the case, the Facebook Messenger and Messenger Kids apps allow users to add live filters, masks, avatars, sound effects and other AR effects to their video calls, videos and photos. Although the BIPA states that a company must notify Illinois consumers in writing of its intention to collect their biometric data, Meta has failed to inform users that the Messenger AR features use facial recognition technology to secretly scan and extract their facial geometries, the complaint contends.

The suit alleges that Meta has also failed to obtain residents’ informed written consent before collecting their biometric information, disclose how long and for what purpose their facial scans will be stored and used, and publish a publicly available retention schedule outlining how and when their data will be destroyed.

Per the complaint, Meta stores these facial scans for an undetermined amount of time on its servers and locally on the user’s device. As such, the defendant has exposed Facebook Messenger and Messenger Kids users, many of whom are minors, to a “heightened risk of serious harm” should malicious actors access their biometric data, the lawsuit stresses.

“Unlike other identifiers such as Social Security or credit card numbers, which can be changed if compromised or stolen, biometric identifiers linked to a specific voice or face cannot be modified—ever,” the filing reads. “These unique and permanent biometric identifiers, once exposed, leave victims with no means to prevent identity theft and unauthorized tracking.”

The case points out that because Meta stores biometric data on devices on which the apps have been downloaded, users whose devices are lost, stolen, recycled, discarded improperly or given to vendors for repair work risk having their sensitive information stolen and misappropriated.

The filing also notes that Meta’s AR features collect biometric data from any individual whose face appears in the frame while the filter or effect is being applied, regardless of whether they created a profile on the app. Users and non-users alike have no way of opting out of Meta’s collection of their facial scans when using the AR filters and effects in the apps, the case adds.

“The collection and use of Biometric Data is especially problematic in relation to the collection of Biometric Data from minors, who cannot provide informed consent and may be unaware of the serious harms that can result from the release of Biometric Data,” the complaint reads, noting that the apps are available to “tens (if not hundreds) of millions of children.”

The lawsuit alleges Meta disabled the AR filters and effects for Illinois users in May 2022, although a footnote in the complaint concedes that “[c]onflicting statements exist as to whether the technology was shut down, halted, or even just temporarily halted” in the state.

The lawsuit looks to represent Illinois citizens who were users of the Facebook Messenger or Messenger Kids applications and whose faces were used by a face augmented reality filter in the applications at any time since June 28, 2018.

Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s free weekly newsletter here.