Class action alleges Meta harvested Facebook and Instagram photos for smart-glasses facial recognition and AI image-model training

What happened: On September 4, 2026, two families (one in Illinois, one in California) filed a proposed federal class action, Alvarez et al. v. Meta Platforms, in the U.S. District Court for the Northern District of Illinois. The 66-page complaint alleges Meta harvested millions of photographs from Facebook and Instagram to build "NameTag," an unreleased facial-recognition system for its smart glasses, extracting biometric "faceprints" from people's photos without notice or consent. The suit also alleges the same photos were used to train Meta's generative AI image models Emu and Muse Image. It claims violations of the Illinois Biometric Information Privacy Act and California privacy and publicity laws. The complaint builds on a June 2026 WIRED investigation that found NameTag code embedded in the Meta AI companion app (Meta later removed the code). Meta told WIRED the lawsuit is without merit, that it has been transparent about its AI data practices, that nothing has shipped to consumers, and that it is "not building a universal face database."

Why it matters to creators: The suit alleges ordinary users' photos, including of children and non-users, were converted into biometric identifiers and used as AI training material. Illinois BIPA carries per-violation damages, making this a potentially large-exposure case for how platforms treat uploaded photographs.

What is not yet known: The allegations are unproven; no court has certified the class or ruled on the merits. The complaint itself acknowledges Meta has not disclosed which images, if any, were used for biometric data, saying that information is solely in the company's possession.