Meta knowingly collected data from underage users, complaint says

Meta, the parent company that operates social media platforms Facebook and Instagram, is currently facing a lawsuit from 33 U.S. states regarding its treatment of young users. Now, a new unsealed legal complaint viewed by the New York Times sheds light on Meta’s knowledge of the underage users on its platforms.

Meta “routinely continued to collect” data from underage users, complaint says

By rule, Meta requires users of its social media platforms to be 13 years of age or older. But users younger than that are on sites like Instagram, and the latest complaint says Meta “routinely continued to collect” data from underage users. The attorneys general of 33 states have brought the legal challenges to Meta, which could be substantially fined if the states’ allegations are proven.

“Within the company, Meta’s actual knowledge that millions of Instagram users are under the age of 13 is an open secret that is routinely documented, rigorously analyzed and confirmed,” the complaint said, according to the New York Times. “And zealously protected from disclosure to the public.” Aside from Meta’s alleged knowledge of these underage users, the complaint says it collected data from them too. This data included location information and email addresses, per the complaint. It also notes that Meta was aware of these users, as shown by internal communications and graphs.

The newly-unsealed complaint is within the overarching federal lawsuit against Meta. The lawsuit argues that Meta supported obsessive usage of social media platforms, specifically targeting younger users. However, this particular complaint has a more narrow scope. It hinges on the Children’s Online Privacy Protection Act, which is a 1998 federal law that dictates how companies can collect data from underage users. The statute stipulates that platforms get permission from a parent before collecting certain types of data. This applies to users under 13 years-old. So, if Meta knowingly collected data from underage users, it would be violating the law.

Is there precedent for this type of legal claim?

Since the development of compulsive social media use — like the endless-scroll format — is new, there isn’t precedent for the lawsuit against Meta. However, the federal government has been successful in Children’s Online Privacy Protection Act complaints in the past.

Meta responded to the complaint in a statement, saying the filing “mischaracterizes our work using selective quotes and cherry-picked documents.” Additionally, the company pointed out the issues that come with successful age verification. Meta has been clear that its official position is that underage users are not allowed on its platforms. The question is whether it had a different position behind the scenes. At its core, the states’ complaint argues that Meta could have taken action against underage users. Instead of making those moves, the complaint proposes that Meta knew how important those users were to its platforms. As such, the states allege Meta simply chose not to remove underage users from its sites.