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Keller Postman represents the State of Texas in its pivotal enforcement action against Meta Platforms (f/k/a Facebook) for Meta's decade-long violations of Texas privacy and consumer-protection laws through its use of facial-recognition technology.
Keller Postman attorneys serve as lead counsel for the State of Texas in its enforcement action against Meta Platforms, Inc. for its decade-long unlawful capture, disclosure, and storage of the biometric identifiers of tens of millions of people. The suit alleges that Meta used its facial-recognition technology on its social media platforms, such as Facebook and Instagram, in ways that violated the State’s privacy and consumer-protection laws. This litigation marks the first enforcement action under Texas’s biometric privacy statute, and presents novel issues of law.
Specifically, Texas alleges that, for over a decade, Meta captured records of face geometry from tens of millions of Texans without their informed consent, all to Meta’s commercial gain. It did so through features on Facebook (such as Tag Suggestions) and Instagram, through a stand-alone application, Moments, and through a feature on Facebook Messenger, Photo Magic. The State also alleges that Meta engaged in related deceptive trade practices, deceiving Texans as it built and improved its technology through use of their most private and sensitive information.
Meet the attorneys leading our biometric privacy litigation against Meta.
Our mission is to aggressively pursue our clients’ claims against the entities that have harmed them by driving innovation in the practice of law, devising cutting-edge strategies that don’t follow the standard playbook, conceiving novel arguments, and pursuing unparalleled excellence in everything we do.
We are home to one of the most exceptional team of attorneys in the United States. Our lawyers have trained at the top law schools, worked at the highest levels of government, and continually win awards for their outstanding achievements.
Our team has the skills and resources to go head-to-head with the largest, most well-resourced corporations in the country. Plus, our lawyers have experience on both sides of the courtroom, allowing us the unique ability to anticipate our opponents’ moves.
We drive innovation in the practice of law, sharing an ambition to do things differently—and to do them better. It is not merely enough to advocate for our clients. We prize creativity in both legal practice and business.
We operate a dedicated, in-house technology, data, and analytics team. Our firm utilizes cutting-edge technology and processes to ensure successful litigation for thousands of claims at once.
February 14, 2022 – File Complaint
May 5, 2022 – File Amended Petition
June 13, 2022 – Meta Answers the Amended Petition
November 21, 2022 – Meta’s Special Exceptions to its Answer are Overruled
February 23, 2023 – The State successfully compels the production of Mark Zuckerberg’s documents
March 23, 2023 – The State takes its first deposition of Meta’s Corporate Representative
July 17, 2023 - The State successfully moves for appointment of a special master to review Meta’s claims of privilege