An Illinois federal judge has denied Meta's attempt to dismiss a biometric privacy class action involving its Messenger and Messenger Kids apps. The plaintiffs, a group of parents and children, allege that Meta unlawfully collected and stored facial geometries in violation of the Illinois Biometric Information Privacy Act (BIPA).

Meta argued that the Children's Online Privacy Protection Act (COPPA) should preempt the BIPA claims. However, United States District Judge Nancy J. Rosenstengel ruled that COPPA does not override BIPA's provisions, emphasizing that the two laws target different types of data. While COPPA regulates personal information such as addresses and Social Security numbers, BIPA specifically addresses biometric identifiers like facial geometry. Rosenstengel noted that there is no direct conflict between the two statutes and that BIPA's requirements are not inconsistent with COPPA's objectives.

The lawsuit centers around allegations that Meta collects face geometries when users, including children, apply augmented reality filters in the Messenger apps. Meta claims it does not store biometric data or use it to identify individuals. Rosenstengel rejected this defense, finding that the plaintiffs sufficiently alleged that Meta's technology could match users' identities to the facial scans, as names and face geometries are linked during the account setup process.

Meta also argued that California law should govern the lawsuit, as the company’s terms of service specify California law for disputes, and therefore, the BIPA claims would not be valid. However, Rosenstengel rejected Meta's reliance on its terms of service, stating that it would be inappropriate to "cherry-pick" parts of its website to conduct a summary judgment-level analysis at the motion-to-dismiss stage. For now, she will consider the BIPA claims under Illinois law but noted that the question of which state law governs the case remains unresolved and will be determined as the case progresses.

This decision allows the lawsuit to proceed under Illinois law, pending further developments.