In the Matter of Facebook, Inc.

Summary

In 2012, the Federal Trade Commission (FTC) reached a final settlement with Facebook resolving charges that the company deceived its users by telling them they could keep their information on the platform private, and then repeatedly allowing it to be shared and made public. The settlement required Facebook to take several steps to make sure it lives up to its promises in the future, including by giving consumers clear and prominent notice and obtaining their express consent before sharing their information beyond their privacy settings, by maintaining a comprehensive privacy program to protect consumers' information, and by obtaining biennial privacy audits from an independent third party.

Updates

Federal Trade Commission

March 20, 2018. The FTC opens an investigation into into Facebook following reports that a data analytics firm (Cambridge Analytica) had improperly accessed names, “likes” and other personal information about tens of millions of the social site’s users without their knowledge.

July 24, 2019. The FTC imposes a $5 billion penalty on the company for violating the 2012 FTC settlement by deceiving users about their ability to control the privacy of their personal information. Per a complaint from the agency and the Department of Justice, Facebook repeatedly used deceptive disclosures and settings to undermine users’ privacy preferences in violation of its 2012 FTC order. These tactics allowed the company to share users’ personal information with third-party apps (incl. Cambridge Analytica) that were downloaded by the user’s Facebook “friends.”

April 28, 2020. The FTC gives final approval to modify FTC’s 2012 Privacy Order with Facebook.

May 3, 2023. The FTC releases an order that proposed changes to the agency’s 2020 privacy order with Facebook after alleging that the company has failed to fully comply with the order, misled parents about their ability to control with whom their children communicated through its Messenger Kids app, and misrepresented the access it provided some app developers to private user data.

United States v. Facebook, Inc. - 1:19-cv-02184

May 31, 2023. Meta files a motion to block the FTC’s decision with the District Court that approved the 2020 order. Meta seeks injunctive relief on both a preliminary and permanent basis, arguing that the court has sole jurisdiction over the enforcement of the order. The U.S. government files a memorandum with the court on August 16, 2023 opposing Meta’s motion. Meta files reply to the government’s memorandum on September 13, 2023.

November 27, 2023. Federal district court judge Timothy J. Kelly’s memorandum order finds in favor of the FTC and denies Meta’s motion for injunctive relief.

November 29, 2023. Meta files appeal with the U.S. Court of Appeals, D.C. Circuit.

December 12, 2023. Meta files motion with Judge Timothy J. Kelly seeking injunctive relief pending its appeal of the earlier decision.

December 28, 2023. The U.S. government files a memorandum with the court opposing Facebook’s motion. Meta files a reply to the government’s memorandum on January 5, 2024.

January 12, 2024. Judge Timothy J. Kelly’s memorandum order denies Meta’s motion for preliminary injunction.

Meta Platforms, Inc. v. Federal Trade Commission - 1:23-cv-03562

November 27, 2023. Meta files a complaint for injunctive relief challenging the constitutionality of the FTC’s proceeding against it. Meta also files a motion requesting the court issue a preliminary injunction. The new case is assigned to District Court Judge, Randolph Daniel Moss.

December 13, 2023. The U.S. government files a motion to dismiss Meta’s complaint.