Meta faces in California the largest trial held so far in the United States for the effects of social media on minors. The parent company of Instagram and Facebook estimates that the penalties could reach 1.4 trillion dollars, although the suing states have not made public the amount they will claim if their accusations succeed.
The jury selection began this Wednesday in a federal court in Oakland and the opening statements are scheduled for August 18. The process is expected to last about seven weeks and will be presided over by federal judge Yvonne Gonzalez Rogers.
The trial brings together two blocks of accusations. On one hand, a coalition of 29 states claims that Meta collected and used personal data from children under 13 years old without the parental consent required by federal law. On the other hand, California, Colorado, Kentucky, and New Jersey accuse the tech company of deceiving consumers about the safety of its platforms and of designing Facebook and Instagram to keep younger users hooked.
Why Meta could face penalties of up to 1.4 trillion dollars
The figure of 1.4 trillion dollars comes from an estimate made by Meta itself based on the method proposed by the states to calculate potential penalties. This system would multiply the number of violations attributed to the company by the maximum fines provided in consumer protection and privacy laws.
The writings of the attorneys general detailing those calculations remain under seal. Therefore, the amount does not yet represent a public and definitive request for compensation, but rather the maximum exposure that Meta claims it could face.
The company has labeled the calculation as “outrageous” and argues that it lacks legal and evidentiary basis. According to its defense, the method would allow counting the same children and adolescents multiple times and would lead to an unprecedented penalty in the history of consumer protection.
The 1.4 trillion dollars are close to the market value attributed to Meta in the days leading up to the trial, which gives an idea of the economic dimension of the proceedings.
The functions of Instagram and Facebook that are under suspicion
The states argue that Meta deliberately incorporated mechanisms aimed at prolonging the time that minors spend online. Among the questioned features are infinite scrolling, constant notifications, algorithms that prioritize interaction and time spent, automatic content recommendations, and the lack of effective controls to prevent access by children under 13 years old.
The accusation also claims that Meta presented Instagram and Facebook as safe spaces for teenagers despite its internal research warning of risks for some young users.
The procedure stems from a multi-state investigation initiated after former Meta employee Frances Haugen revealed internal company documentation and testified before the U.S. Senate in 2021.
They demand the end of infinite scrolling for minors
The consequences for Meta could go far beyond a financial penalty. The states are requesting that the judge order nationwide changes to Instagram and Facebook.
Among the requested measures are the introduction of age restrictions, strict limits on minors' usage time, the elimination of infinite scrolling, and certain notifications, as well as a modification of the algorithms to prioritize well-being over interaction.
They also want Meta to eliminate the algorithms and artificial intelligence models developed with data obtained from children.
The judge has established a consultative jury, a somewhat unusual arrangement in the United States. Its members will respond to specific questions, but their pronouncement will not be binding: Gonzalez Rogers will be able to use it as guidance and will be the one to make the final decision, presumably after the trial concludes in October.
Meta denies that its social networks are designed to create addiction
Meta rejects the accusations and asserts that the evidence will demonstrate its commitment to protecting minors. The company claims that it has worked with families, specialists, and law enforcement to introduce tools aimed at improving the experience for teenagers.
One of the main legal arguments of his defense is that the so-called “addiction to social networks” does not constitute a recognized psychiatric diagnosis. Based on that premise, the technology company maintains that it could not deceive consumers by presenting its services as non-addictive products.
It is expected that during the trial, the founder and CEO of Meta, Mark Zuckerberg, and the head of Instagram, Adam Mosseri, will testify.
The New Mexico precedent raises the pressure on Meta
The process begins a few days after a New Mexico court ordered Meta to contribute 567 million dollars to a fund to address the damages caused by its platforms on young people. That amount adds to the 375 million imposed earlier by a jury, raising the economic responsibility of the case to about 942 million dollars.
The New Mexico ruling also imposed usage limits for teenagers, restrictions on notifications, and greater controls over contact between adults and minors. Meta has announced that it will appeal the ruling.
However, the Oakland trial has a much larger dimension due to the participation of 29 states and its possible impact on thousands of lawsuits filed by families, school districts, and administrations against Meta and other large digital platforms.