Judge Francis Mathew handed down the amount on Wednesday, which New Mexico Attorney General Raúl Torrez described as "one of the largest, if not the single largest state verdict against a company in American history." Torrez said the judgment should be a warning for tech companies.
"This judgment should be a signal, an unambiguous message, to Silicon Valley," Torrez said at a news conference.
Jurors in September found that Facebook 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 focused on a data breach stemming from a third-party personality quiz that harvested data from roughly 87 million profiles and sold it to the political consulting firm Cambridge Analytica to generate targeted ads.
The judge wrote that the company's "most senior leadership," including Meta CEO Mark Zuckerberg and former chief operating officer Sheryl Sandberg, made misrepresentations about data privacy policies. "These communications were part of a coherent strategy designed to mislead the public," Mathew wrote.
Forty-eight other states settled with Facebook in a nationwide case, but New Mexico chose to take the company to court on its own. Attorneys for New Mexico had sought $35 billion to $40 billion, arguing the company would only change its ways with a sum large enough to affect its stock price. Meta lawyers argued for no more than $3.4 billion, saying a larger award would violate due process and be unconstitutional.
Meta lawyer Matt Nicholson argued in court that a sum as high as $40 billion would be "shocking to the conscience." Randi McGinn, a lawyer for New Mexico, urged standing up to "tech titans who think they are bulletproof and can do whatever they want."
Meta argued that the state failed to prove that its statements actually harmed New Mexicans. Nicholson said during an October 1 hearing, "The jury didn't make findings that any New Mexican heard or saw these statements, or was harmed by them."
New Mexico prosecutors also argued that Facebook allowed misinformation or violent content to proliferate on the platform. In one of the few wins for the defence, jurors found the state did not prove that Facebook made false claims about removing harmful content, including misinformation about the Covid-19 pandemic. Zuckerberg said in his video deposition that the company has to carefully balance freedom of speech with content moderation.
Under the New Mexico Constitution, fines for violations of consumer protection laws are funneled toward state education spending. Torrez said the money will go into a fund for the state's education system, noting that it "may have paid for the construction of schools for the next 100 years," though the money would be tied up if Meta appeals, as expected.
Meta plans to appeal the verdict. Shares of Meta rose 2% on Wednesday to $707.81.
