Why New Mexico Wants Up to $40 Billion From Meta After Its Facebook Privacy Verdict

New Mexico is asking a judge to order Meta to pay $35 billion to $40 billion after a jury found that Facebook misled consumers about user data and the platform’s handling of hate speech and misinformation. The verdict established more than 43 million violations of state law, but it did not set a penalty: that decision now rests with the judge. 213

What the jury found

The case grew out of allegations about Facebook’s data practices, including the Cambridge Analytica scandal. Jurors considered 29 statements by Meta and its executives and found 26 misleading. The statements concerned topics including access to user data, hate speech and misinformation. 27

The jury also found more than 43 million violations of New Mexico’s Unfair Practices Act. The reported count reflects the number of people affected by the misleading statements, not simply the number of statements the jury rejected. 2

Why the potential penalty is so large

New Mexico law allows a civil penalty of up to $5,000 for each violation. Applied at the maximum to the roughly 43.9 million violations reported in the case, that would produce a theoretical total of about $219 billion. That is a statutory ceiling—not an automatic fine or the amount the judge has awarded. 1314

The state is asking for $35 billion to $40 billion, substantially less than that theoretical maximum. The judge must determine the actual penalty, taking account of the law and the arguments before the court. 713

What Meta and New Mexico are asking for

New Mexico’s request is based on the scale of the violations found by the jury and the state’s authority to seek civil penalties under its consumer-protection law. Meta, by contrast, reportedly proposed a judgment of $345 million to $3.45 billion. A Meta lawyer also argued that the state’s $35 billion to $40 billion request is unconstitutional.

Those positions are competing proposals, not a ruling. The available reporting does not provide enough detail to fully compare the parties’ calculations or predict which arguments the judge will accept.

When could the judge rule?

Reporting published on Oct. 2 said Judge Francis Mathew told attorneys he expected to rule on the financial penalty by late October. Until the judge issues that decision, the $35 billion to $40 billion figure remains New Mexico’s request—not Meta’s final liability in this case.