Allegations Only · No Settlement Yet
This article describes a class action complaint. The statements below are unproven allegations. Meta Platforms, Inc. has not been found liable, there is no certified class, and nothing to claim at this time. This page is informational and is not legal advice.
What Is This About?
A proposed class action accuses Meta Platforms, Inc. — the owner of Facebook and Messenger — of capturing and storing the "voiceprints" of Illinois users without the notice and written consent required by the Illinois Biometric Information Privacy Act (BIPA). The case, Delgado v. Meta Platforms, Inc., Case No. 3:23-cv-04181-SI, was filed August 16, 2023 in the U.S. District Court for the Northern District of California and is assigned to Senior District Judge Susan Illston. The complaint alleges that when users dictated text messages, sent audio recordings, or made audio calls through Facebook or Messenger, Meta allegedly extracted biometric voice characteristics — a person's unique voice signature — and retained that data without first obtaining informed written consent or publishing a public data-retention schedule. Meta denies the allegations, and no court has found any violation.What BIPA Requires
Illinois's Biometric Information Privacy Act is one of the strictest biometric privacy laws in the country. As relevant here, it requires a private company that collects biometric identifiers — including a "voiceprint" — to first give written notice that it is collecting the data, explain the purpose and how long the data will be kept, and obtain a written release. BIPA Section 15(a) separately requires companies to publish a retention schedule and destruction guidelines for biometric data. The complaint alleges Meta did neither for the voice data it allegedly captured from Illinois users.The lawsuit relies on the distinction between an ordinary audio recording and a "voiceprint." Meta has argued that what it processes is voice recordings, not biometric voiceprints, and that a voiceprint is "something more" under BIPA. The plaintiff alleges the opposite — that Meta's systems derive the unique voice characteristics that identify a specific person.
Where the Case Stands
In an earlier ruling, Judge Illston largely denied Meta's motion to dismiss and allowed the core BIPA claims to move forward. The court found that Illinois law applies (concluding Illinois had a materially greater interest in the dispute than California) and that the plaintiff had plausibly alleged the capture of biometric voiceprints rather than mere recordings, pointing to Meta's own patent filings and privacy disclosures. The court pared back a separate data-security theory at that stage, leaving the two central claims — BIPA Section 15(a) (retention-schedule) and Section 15(b) (notice and consent) — to proceed.Since then the parties have litigated discovery, and the court permitted Meta to bring an early, narrowly focused summary-judgment motion testing whether the data Meta actually collected qualifies as a "voiceprint" under BIPA. According to court reporting, the case has been allowed to continue toward that question rather than being dismissed outright. None of the underlying allegations has been proven, and a court could still rule for Meta as the case develops.
Who Would Be Covered?
As pleaded, the proposed class consists of natural persons in Illinois from whom Meta allegedly created, collected, captured, received, obtained, or stored voice data, voice characteristics, or a voice profile during the class period. Because no class has been certified, the exact scope — including dates and which Facebook or Messenger features are at issue — could change or narrow as the case proceeds. Nothing about being potentially within a proposed class means a person is entitled to a payment; BIPA suits like this resolve only through a later class-certification order, a settlement, or a judgment, none of which has happened here.This case is part of a broader wave of biometric privacy litigation over voice features. Similar BIPA voice-data claims have been brought against other technology platforms — see our coverage of the Amazon Alexa Voice ID BIPA class action, the Microsoft Teams BIPA voice-data class action, and the Apple Siri privacy settlement for how comparable disputes have unfolded.
What Happens Next?
There is no claim form and no deadline because there is no settlement. The next milestones will be the court's ruling on the summary-judgment question, and — if the case survives — a decision on whether to certify a class. If Meta were ultimately found to have violated BIPA, the statute provides for liquidated damages per violation, but that outcome is speculative at this stage. Open Class Actions will update this page if the court certifies a class, the case settles, or a claims process opens.Frequently Asked Questions
What does the Meta voiceprint lawsuit allege?
The complaint alleges Meta captured and stored the voiceprints of Illinois Facebook and Messenger users — for example when dictating messages, sending audio clips, or making audio calls — without the written notice and consent required by BIPA. These are unproven allegations, and Meta denies wrongdoing.
Is there a settlement or claim form?
No. This is active litigation, not a settlement. No class has been certified, there is no settlement fund, and there is nothing to claim at this time.
Who would the proposed class cover?
As pleaded, the proposed class covers natural persons in Illinois from whom Meta allegedly created, collected, captured, received, obtained, or stored voice data, voice characteristics, or a voice profile. The class has not been certified, so its scope could change.
What is the current status of the case?
Delgado v. Meta Platforms, Inc. (Case No. 3:23-cv-04181-SI) is pending in the Northern District of California before Judge Susan Illston. The court largely denied Meta's motion to dismiss and has allowed the core BIPA claims to proceed through discovery and summary-judgment briefing.
Sources
- U.S. District Court, N.D. California — Delgado v. Meta Platforms, Inc. docket
- Justia — Delgado v. Meta Platforms, Inc. (court order)
- CourtListener — Delgado v. Meta Platforms, Inc. docket
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