Judge Francis Mathew handed down the amount on Wednesday, following a September jury verdict that found Facebook had made false or misleading statements by telling consumers they controlled how their information was shared and by claiming it did not sell or share personal information with advertisers.
The case centred on a data breach stemming from a third-party personality quiz that harvested data from roughly 87 million Facebook profiles and sold it to the political consulting firm Cambridge Analytica, which used the data to generate targeted ads during the 2016 election campaign. New Mexico was the only state to take Meta to trial; 48 other states signed an $18 billion settlement with the company in August.
“This judgment should be a signal, an unambiguous message, to Silicon Valley,” Torrez said at a news conference. The state had sought between $35 billion and $40 billion, arguing that only a sum large enough to affect Meta’s stock price would force a change in behaviour. Meta’s lawyers argued for a penalty of no more than $3.4 billion, calling a larger award unconstitutional and “shocking to the conscience.”
Jurors found Meta liable for more than 43 million violations of New Mexico consumer protection laws. The jury determined that the company’s “most senior leadership,” including Chief Executive Mark Zuckerberg and former chief operating officer Sheryl Sandberg, made misrepresentations about the service’s data privacy policies. Judge Mathew wrote that “these communications were part of a coherent strategy designed to mislead the public.”
Meta plans to appeal the verdict. The company’s lawyers have argued that the state failed to prove that any New Mexican was actually harmed by the misleading statements and that counting violations based on how many individuals may have heard or seen the statements was unprecedented. They also noted that New Mexico’s consumer protection laws should not apply to people who were not Facebook users at the time.
Meta did not immediately respond to a request for comment. Under the New Mexico Constitution, fines from consumer protection violations go to state education spending. Torrez said the money could fund school construction “for the next 100 years.” Shares of Meta rose 2 per cent on Wednesday, to $707.81.