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Meta to Pay New Mexico $25 Billion Over Data Misconduct

A judge reduced the maximum potential penalty of $219 billion to $25 billion, a sum Meta argues is manageable but which legal experts say may require multiple pressures to drive structural change.

By Benjamin Rousseau ·

Illustration for: Meta to Pay New Mexico $25 Billion Over Data Misconduct
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A New Mexico court has ordered Meta to pay $25 billion for violating state consumer protection laws.

Judge Francis Mathew issued the ruling this week, marking the largest fine the company has faced to date. The penalty stems from a case filed in 2021, in which the state alleged Meta misled users about data handling practices. This legal dispute traces its origins to the Cambridge Analytica scandal. The attorney general later expanded the claims to include the company's content moderation policies. A jury sided with the state in September, leading to the multibillion-dollar judgment.

The state's legal team originally sought a penalty ranging from $35 billion to $45 billion. The theoretical maximum was $219 billion, calculated at $5,000 for each of 43 million violations. Judge Mathew settled on the $25 billion figure. Meta's chief legal officer, C.J. Mahoney, stated the company will fight the outcome. He characterized the ruling as an attempt to impose a tax on speech and described the enforcement approach as making it all but impossible to do business in New Mexico. Mahoney expressed confidence that the company will prevail on appeal.

This verdict adds to a series of legal financial hits for Meta this year. A New Mexico jury previously awarded $375 million for a child safety violation and a second phase of that trial resulted in a $567 million order. A Los Angeles County court also found Meta and YouTube liable for harming a young woman's mental health, awarding $6 million. In August, Meta agreed to pay between $17 billion and $18 billion over ten years to settle a federal case brought by most US states regarding features alleged to harm children.

Despite these costs, the penalties remain a fraction of the company's overall valuation. Meta is currently valued at approximately $1.7 trillion. While shares fell on Thursday, that dip reflected a mix of factors including earnings reports and heavy spending on artificial intelligence. Legal experts suggest that financial penalties alone may not force structural change without additional pressures. Corban Rhodes, a partner at DiCello Levitt, which represents New Mexico, noted that each trial places evidence into the public record for future litigation. The New Mexico trial released more than 100 exhibits, including internal documents kept secret for over a decade.

One such exhibit is a 2018 email from then-COO Sheryl Sandberg, sent days after the Cambridge Analytica scandal broke. In the message, she noted that a million developers had access to the data and warned of many more moments like this in the coming year. Insurers may also become a source of pressure. A Delaware judge ruled in March that insurers have no duty to defend Meta against its thousands of lawsuits. Some experts argue insurers could act as a form of governance by making responsible design a condition of coverage.

Brian Quinn, a Boston College law professor, said the sharpest pressure might come from shareholders focusing on individual directors and officers. He explained that current indemnification law protects executives who act in good faith. However, if the same people keep appearing in the same facts, shareholders might demand the company stop indemnifying them. This would leave Meta's executives less protected against personal liability.

Rhodes expects the next wave of litigation to center on artificial intelligence, noting that regulators have focused on the effects of earlier social media eras. The company is not expected to collapse from penalties alone, but the legal troubles are unlikely to end soon.

Source: Wired

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