Parents and their children in Illinois and California have initiated a federal lawsuit against **Meta**, accusing the tech giant of unlawfully utilizing their **Facebook** and **Instagram** images. The core of the complaint centers on the alleged extraction of biometric information without explicit notice or consent, violating both Illinois and California privacy statutes. ### The NameTag Controversy The lawsuit specifically targets **NameTag**, a purportedly unreleased face-recognition system designed for **Meta**'s smart glasses. **WIRED** previously reported in June that code for **NameTag** was secretly embedded within the **Meta** glasses AI companion app, which boasts over 50 million downloads. While the feature was not enabled for users, analysis revealed a system capable of converting captured faces into biometric signatures and comparing them against a database of "faceprints" stored on the user's phone. The complaint suggests these faceprints are derived from **Facebook** and **Instagram** images. This claim is supported by reports of **Meta** employees stating **NameTag** could recognize individuals through their **Meta** connections or public **Instagram** accounts, alongside a company patent detailing face matching against profile photos and other **Meta**-held images. **Meta** has maintained that it is "not building a central face database" and has refrained from clarifying if **NameTag** would be opt-in or how faceprints would be retained. The company has not disclosed which images, if any, were used for generating biometric data, information that remains solely in its possession. ### Generative AI Models Under Scrutiny The lawsuit also extends to **Meta**'s image-generation systems, **Emu** and **Muse Image**. **Meta** has openly stated that **Emu** was trained on vast quantities of **Facebook** and **Instagram** images and text, with Chief Product Officer **Chris Cox** referring to these platforms as a "data advantage" for their AI systems. The plaintiffs allege that this training process illegally harvested biometric information from individuals featured in the images. **Muse Image**, released earlier this summer, faced criticism for allowing users to generate images based on other people's public **Instagram** accounts. **Meta** removed this feature within days, acknowledging it had "missed the mark." ### Meta's Response and Legal Precedents A **Meta** spokesperson stated, "This lawsuit is without merit and misrepresents our work. We've been transparent about how we use people's information to build and improve our AI products. As for **NameTags**, nothing has shipped to consumers and no final decision has been made on what to do here, if anything." They reiterated, "If we do decide to roll something out, we will take a thoughtful approach and do so with full transparency. One decision we can be clear about—we are not building a universal face database." **Justin Boley**, a partner at **Wexler Boley & Elgersma** and an attorney for the plaintiffs, emphasized, "People shouldn’t have to worry if their biometric information will be misused simply because their photographs appear on a social media platform." ### Scope of the Class Action and Potential Damages The proposed class action includes individuals in Illinois, California, and potentially across the United States whose images were uploaded to **Facebook** or **Instagram**, or submitted to **Meta**'s generative AI systems via prompts, dating back to September 4, 2021. The complaint estimates the national class could encompass millions of people. Under Illinois’ Biometric Information Privacy Act (**BIPA**), the plaintiffs are seeking $5,000 for each intentional or reckless violation, or actual damages if greater, and $1,000 for each negligent violation, or actual damages if greater, along with injunctive relief. California claims seek additional damages. This is not **Meta**'s first encounter with legal challenges concerning biometric data. In 2020, the company settled an Illinois class action for $650 million over a previous face-recognition system. In 2024, **Meta** agreed to pay Texas $1.4 billion to resolve similar allegations of unlawful biometric data collection. ### The Ongoing Debate Around NameTag The day after **WIRED**'s June 4 report on **NameTag**, **Meta** removed the feature's code from its app. The company argued the feature never truly existed as it wasn't available to consumers, despite **WIRED**'s analysis and independent research finding a technically functional system within an app downloaded by tens of millions. **Meta** CTO **Andrew Bosworth** initially called **WIRED**'s reporting "incredibly misleading" and "absolutely dishonest." Weeks later, however, **Bosworth** discussed **NameTag** on a podcast, describing it as a feature that could recognize people a glasses wearer had previously met and asked the device to remember, calling it "a great feature." **Meta** continues to frame **NameTag** as an exploratory concept rather than a consumer-ready product. The complaint frames this case as part of a longer pattern of privacy violations by **Meta**, citing instances stretching back to **Facebook**'s early days.