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.

Our Team

Meet the attorneys leading our biometric privacy litigation against Meta.

Zina Bash
Senior Partner
Jessica Beringer
Partner
Nick Larry
Senior Counsel
Alex Dravillas
Litigation Counsel
J.J. Snidow
Partner
Jamie Price
Associate
Roseann Romano
Associate
Randall Newman headshot
Randall Newman
Attorney
Andray Napolez Headshot
Andray Napolez
Attorney
Denis Carey
Attorney
James Ji
Attorney
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Working with Keller Postman

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.

Unmatched Attorney Team

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.

Strength to Win

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.

Fearless Innovation

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.

Technology-Powered

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.

Updates

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