The penalty, filed in Santa Fe District Court on Wednesday, was reduced from an initial award of $219.5bn. The jury had found more than 43 million violations of New Mexico’s Unfair Practices Act, each carrying a maximum civil penalty of $5,000. Judge Francis Mathew determined the final sum, noting in the filing that “the extraordinary number of willful violations found by the jury, the duration and repetition of the conduct, the breadth of subjects on which violations occurred, the involvement of senior Facebook leadership” and other factors supported the highest penalty per violation allowed by law.
Interest on the penalty will accrue at 15% per year until the fine is fully paid, the judge added.
“For too long, powerful technology companies have operated as though their size and influence put them beyond the reach of the law,” said New Mexico Attorney General Raúl Torrez in a statement. “This penalty order demonstrates that those violations carry real consequences.”
The case originated from the Cambridge Analytica scandal, which emerged in 2018 and involved allegations that the political consulting firm improperly accessed data from 87 million Facebook users. Former Attorney General Hector Balderas filed the state lawsuit in 2021; Torrez oversaw the trial.
Judge Mathew wrote that following the scandal, “Facebook did not conduct the comprehensive investigation that it promised.” He cited “pressure from senior executives to keep costs down, lack of adequate enforcement resources, inadequate investigative techniques, and a desire not to create precedent for future investigations” as contributing to what he called a “willfully ineffective” internal examination.
New Mexico was not part of the August settlement in which Meta agreed to pay nearly $17bn to a coalition of state attorneys general in a separate federal case concerning child safety and mental health. The state’s Cambridge Analytica case therefore proceeded to trial. In 2022, Meta settled a related class action for $725m.
In a separate New Mexico child safety case, a jury in March ordered Meta to pay $375m, and a judge later required the company to pay $567m into an abatement fund. Meta said it disagreed with that ruling and plans to appeal.