DiCello Levitt and McGinn Montoya Trial Team Wins Landmark Verdict Finding More Than 43 Million Violations of New Mexico Law
SANTA FE, N.M. — The State of New Mexico, represented by DiCello Levitt and Randi McGinn of McGinn Montoya Love Curry & Sievers P.A., has secured a resounding jury victory against Meta Platforms Inc., formerly Facebook, following a trial over the company’s representations about user privacy, third-party access to personal data, and its civic integrity practices following the Cambridge Analytica scandal.
The verdict found Meta liable for more than 43 million willful and unconscionable legal violations, representing each time a misrepresentation was amplified to the state’s residents either through the media or online. The judge in the case can award up to $5,000 for each violation, although a decision on penalties and punitive damages will come at a later date.
“We are incredibly proud to have stood with the State of New Mexico from the very beginning of this case and to see it through to this verdict,” said DiCello Levitt Partner Corban S. Rhodes, who led the firm’s trial team. “This case was about holding Facebook accountable for the promises it made to New Mexicans about their privacy and their personal information. The jury heard the evidence, and today’s verdict sends a powerful message that those promises matter.”
“This verdict has significance well beyond a single case,” said Amy Keller, CIPP/US, Chair of DiCello Levitt’s Privacy, Technology, and Cybersecurity Litigation Practice Group. “Technology companies possess extraordinary amounts of consumers’ most personal information, and the representations they make about how that information is collected, shared, and protected have real consequences. This verdict demonstrates the important role that juries and consumer protection laws can play in demanding accountability when those representations do not match reality.”
“The State of New Mexico has been fearless in standing up for its residents and advancing consumer protection against one of the most powerful companies in the world,” said Adam J. Levitt, a Founding Partner of DiCello Levitt. “This is exactly what our firm was built for: taking on the toughest opponents when the stakes are highest, preparing cases to go the distance, and pursuing justice that can make a meaningful difference in people’s lives. We are honored to have fought alongside the State and this exceptional trial team.”
The State filed the case in 2021 following investigations into Facebook’s privacy practices and the Cambridge Analytica scandal, in which data associated with approximately 87 million Facebook users was obtained through a third-party application.
At trial, the State challenged a series of public statements made by Facebook and its executives, including statements about users’ control over their information and Facebook’s response to third-party developers that accessed or misused data.
The jury heard testimony and evidence concerning Facebook’s third-party app ecosystem, the company’s investigation following the Cambridge Analytica revelations, and internal discussions about privacy, data access, content enforcement, civic integrity, and public communications.
Among the evidence presented was testimony concerning Facebook’s post-Cambridge Analytica app developer investigation, the treatment of third-party applications that accessed user information, and the company’s systems for applying its policies.
The jury’s verdict resolves the issues submitted to it. The court will separately determine any penalties or other relief.
Corban S. Rhodes led DiCello Levitt’s trial team, which included Founding Partner Adam J. Levitt, Partner Amy Keller, Partner Daniel R. Schwartz, Partner J. Gordon Bergstresser, Associate Emma Bruder, Associate Rebecca Trickey, and Paralegal Erin Kerrane.
The case is State of New Mexico v. Facebook Inc., Case No. D-101-CV-2021-00132, in the First Judicial District Court of New Mexico, County of Santa Fe.
About DiCello Levitt
DiCello Levitt LLP is one of the leading plaintiffs’ law firms in the United States. Nationally recognized for our work in high-stakes public entity litigation, class actions, mass torts, and complex litigation, we have recovered more than $25 billion for clients, including individuals, businesses, and communities. We take on some of the world’s most powerful interests, pursuing justice that reshapes industries and improves lives.
Built for trial, DiCello Levitt is among the few plaintiffs’ firms with a dedicated trial center, where our acclaimed trial lawyers bring both art and science to courtroom preparation and trial strategy. We are frequently appointed to lead major multidistrict litigation (MDLs) and consistently recognized among the nation’s top plaintiffs’ firms by Chambers USA, Benchmark Litigation, and The National Law Journal, which has named DiCello Levitt Plaintiffs’ Firm of the Year and Trial Strategy Innovation Firm of the Year.
