COURTS
Testimony begins in New Mexico trial against Facebook
New Mexico lawsuit stems from the Cambridge Analytica data-breach case
New Mexico took on social media giant Meta in a Santa Fe courtroom on Wednesday for the third time this year in a lawsuit alleging that the company sold personal data from Facebook users to a political consulting firm.
Attorneys on Wednesday offered a Santa Fe jury sharply different views of Facebook’s role in the decade-old Cambridge Analytica data-breach scandal.
An attorney for New Mexico argued that Facebook betrayed users’ trust that the social media platform would protect their personal data and instead sold the information to advertisers.
“If you want to know why a corporation would misrepresent, try to deceive, or lie to its consumers, you just have to follow the money,” New Mexico attorney Randi McGinn said in opening statements. “The investors who invested in Facebook and gave them money understood that you could take that information and you could sell it to advertisers.”
New Mexicans shared personal information about themselves, their families and friends “because we trusted Facebook,” McGinn told jurors.
New Mexico’s 2021 lawsuit against Facebook alleges that the now-defunct firm Cambridge Analytica harvested data from up to 87 million Americans and sold it to political campaigns, including the 2016 presidential campaign of President Donald Trump.
An attorney for Meta, the owner of Facebook and Instagram, told jurors that the social media platform launched an investigation in 2016 that ultimately cost $130 million and involved over 700 investigators.
“They didn’t stick their head in the sand — they took action,” Meta attorney Dane Butswinkas told jurors. “They suspended 125,000 apps. They banned 120 developers who accounted for about 80,000 apps.” Facebook also filed lawsuits against five app developers, he said.
New Mexico's lawsuit, filed in 2021 by then-Attorney General Hector Balderas, was part of a wave of data-privacy lawsuits filed by state attorneys general after news broke in 2018 that London-based Cambridge Analytica had used Facebook data for political campaigns.
The trial marks the third time New Mexico and Meta have faced off in a Santa Fe courtroom this year.
In a 2023 lawsuit filed against Meta Platforms and CEO Mark Zuckerberg, Attorney General Raúl Torrez alleged the company failed to protect children from sexual abuse, online solicitation and human trafficking. That lawsuit led to two high-profile trials this year in 1st Judicial District Court in Santa Fe.
On Aug. 6, District Judge Bryan Biedscheid ordered Meta to pay $567 million to help repair harm caused by the company’s platforms. That order followed a jury verdict in March that ordered Meta to pay $375 million in civil penalties to New Mexico.
In August, Meta reached a landmark settlement agreeing to pay $17 billion to 47 states to settle lawsuits alleging harms against children. Within that 130-page settlement was a separate settlement in which Meta agreed to pay nearly $460 million to settle lawsuits filed by 47 states related to Cambridge Analytica.
Meta agreed to make “Cambridge Payments” ranging from about $4 million to Alaska to over $18 million to Massachusetts, the settlement shows. The deal releases Meta from all claims related to Cambridge Analytica, including any future claims.
But New Mexico declined to join the multistate settlement and instead has followed its own path in litigation against Meta, including claims related to Cambridge Analytica.
Olivier Uyttebrouck covers the courts and legal affairs. You can reach him at olivier@abqjournal.com.
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