Meta Platforms, Inc. · privacy · consumer protection · regulatory enforcement
Can the FTC tighten Meta's $5 billion privacy order?
Unresolved as of 30 October 2026. Facebook settled the FTC's 2019 case with a $5 billion civil penalty and a 20 year privacy order, without admitting the allegations. In May 2023 the FTC began a proceeding to modify that order, including a proposed ban on monetising data of users under 18, and Meta is challenging the FTC's power to do so in federal court. On 16 May 2025 the D.C. Circuit held the district court kept jurisdiction over the order and sent Meta's challenge back. Meta reports that the FTC stayed its own proceeding on 30 July 2025 and that the district court has set a hearing for 12 November 2026.
Last verified 30 October 2026. United States
The record at a glance
| What was alleged? | The FTC alleged in 2019 that Facebook violated a 2012 FTC order by deceiving users about their ability to control the privacy of their information. In 2023 the FTC alleged that an independent assessor found gaps and weaknesses in Facebook's privacy program under the 2020 order and that Facebook misrepresented parental controls in Messenger Kids, and it proposed tightening the order.1,2 |
|---|---|
| Who made the claim? | US Federal Trade Commission, 3 May 2023 |
| How did Meta respond? | Meta's position is that the FTC's 2023 allegations are without merit and that the FTC cannot on its own modify a final judgment entered by a federal court. After the November 2023 district court ruling a Meta spokesperson said the ruling did not address the substance of the allegations and that Meta would keep contesting the FTC's effort.3,4,5 (the subject's position) |
| Was there an official finding? | Facebook agreed to a $5 billion civil penalty and a 20 year privacy order to resolve the FTC's 2019 allegations.1,6 The FTC's 2023 allegations of order violations are allegations in a pending administrative proceeding and have not been adjudicated.2 The D.C. Circuit held on 16 May 2025 that the federal district court retained jurisdiction over the 2020 order.9,10 Judge Timothy J. Kelly entered the stipulated order on 23 April 2020 and, on 27 November 2023, denied Facebook's motion to enforce it against the FTC proceeding for lack of jurisdiction, the ruling the D.C. Circuit later reversed.6,7,8,9 |
| Was liability determined? | Not yet. Proceedings are pending. The 2019 FTC case was resolved by a stipulated order with a civil penalty. In entering it the district court noted that Facebook does not admit the allegations in the complaint. The 2023 allegations that Meta violated the 2020 order and the FTC's power to modify it are not determined.1,2,6,9 |
| What changed later? | As of 30 October 2026 Meta's challenge to the FTC's attempt to modify the 2020 order was pending before Judge Timothy Kelly in the US District Court for the District of Columbia, with supplemental briefing completed in May 2026 and a hearing set for 12 November 2026 according to Meta's Form 10-Q. No ruling was identified.5,9,11,12 |
| When was this checked? | 30 October 2026 |
What was alleged?
The FTC alleged in 2019 that Facebook violated a 2012 FTC order by deceiving users about their ability to control the privacy of their information. In 2023 the FTC alleged that an independent assessor found gaps and weaknesses in Facebook's privacy program under the 2020 order and that Facebook misrepresented parental controls in Messenger Kids, and it proposed tightening the order.1,2
Made by US Federal Trade Commission on 3 May 2023.
What did Meta say?
Meta's position is that the FTC's 2023 allegations are without merit and that the FTC cannot on its own modify a final judgment entered by a federal court. After the November 2023 district court ruling a Meta spokesperson said the ruling did not address the substance of the allegations and that Meta would keep contesting the FTC's effort.3,4,5
"Let's be clear about what the FTC is trying to do: usurp the authority of Congress to set industry-wide standards"
Meta spokesperson (as reported by Law.com), 3 May 2023. This is the subject's own account, not a finding.
What do independent records show?
Announcement of complaint and proposed stipulated order, referred to the Department of Justice
US Federal Trade Commission, 24 July 2019
The Commission voted 3 to 2 to refer a complaint and settlement imposing a $5 billion civil penalty and a 20 year order with board privacy committee, compliance certifications, independent assessor and product privacy reviews. Commissioners Chopra and Slaughter dissented.1
Memorandum Opinion and Order granting the Consent Motion for Entry of Stipulated Order, United States v. Facebook, Inc., No. 1:19-cv-02184 (Judge Timothy J. Kelly)
US District Court for the District of Columbia, 23 April 2020
Entered the stipulated order. The court noted that Facebook does not admit the allegations in the complaint and said this does not suggest the resolution is unfair.6
Order to Show Cause, In re Facebook, Inc. (Docket C-4365)
US Federal Trade Commission, 3 May 2023
The Commission voted 3 to 0 to issue an order to show cause why the 2020 order should not be modified, proposing among other things a bar on profiting from data of users under 18 and a pause on new products until the assessor confirms compliance. The FTC said it would decide later whether modification is in the public interest.2
Order (ECF No. 61) and Memorandum Opinion, United States v. Facebook, Inc., No. 1:19-cv-02184 (Judge Timothy J. Kelly)
US District Court for the District of Columbia, 27 November 2023
Denied Facebook's motion to enforce the stipulated order and to enjoin the FTC's reopening proceeding, finding that the 2020 FTC administrative order was not made part of the stipulated order, so the court lacked jurisdiction over challenges to it.7,8
United States v. Facebook, Inc., No. 23-5280, 136 F.4th 1129 (opinion by Senior Judge Randolph, with Judges Rao and Walker)
US Court of Appeals for the D.C. Circuit, 16 May 2025
The court held that the FTC administrative order (Attachment A) was part of the 2020 stipulated order, so the district court retained jurisdiction, and it reversed the jurisdictional dismissal and remanded for consideration of Facebook's claims on the merits.9,10
Order staying the Order to Show Cause proceeding (as described in Meta's Form 10-Q)
US Federal Trade Commission, 30 July 2025
Stayed the modification proceeding pending final resolution of the two court cases Meta filed against it.11
What was established?
- Facebook agreed to a $5 billion civil penalty and a 20 year privacy order to resolve the FTC's 2019 allegations.1,6
- The FTC's 2023 allegations of order violations are allegations in a pending administrative proceeding and have not been adjudicated.2
- The D.C. Circuit held on 16 May 2025 that the federal district court retained jurisdiction over the 2020 order.9,10
- Judge Timothy J. Kelly entered the stipulated order on 23 April 2020 and, on 27 November 2023, denied Facebook's motion to enforce it against the FTC proceeding for lack of jurisdiction, the ruling the D.C. Circuit later reversed.6,7,8,9
Distinctions that matter here
- A stipulated settlement with a civil penalty is not a court finding that the allegations are true.
- An FTC order to show cause starts a proceeding and is not a finding that the order was violated.
Was liability determined?
Not yet. Proceedings are pending. The 2019 FTC case was resolved by a stipulated order with a civil penalty. In entering it the district court noted that Facebook does not admit the allegations in the complaint. The 2023 allegations that Meta violated the 2020 order and the FTC's power to modify it are not determined.1,2,6,9
What remains unresolved?
- How the district court will rule on Meta's motion to bar the FTC from modifying the order administratively, after a hearing Meta reports is set for 12 November 2026.
- Whether the FTC will continue, change or end its 2023 modification proceeding, which Meta reports the Commission stayed on 30 July 2025 pending the court cases.
- Whether Meta violated the 2020 order as the FTC alleged.
- The outcome of Meta's separate constitutional challenge to the FTC's structure (Meta Platforms, Inc. v. FTC), which Meta reports was stayed in June 2025.
What is the current status?
As of 30 October 2026 Meta's challenge to the FTC's attempt to modify the 2020 order was pending before Judge Timothy Kelly in the US District Court for the District of Columbia, with supplemental briefing completed in May 2026 and a hearing set for 12 November 2026 according to Meta's Form 10-Q. No ruling was identified.5,9,11,12
As of 30 October 2026. Next known step: 12 November 2026 district court hearing on Meta's motion, as reported in Meta's Form 10-Q.
Timeline
- FTC announces $5 billion settlement with Facebook.1
- Judge Timothy J. Kelly of the US District Court for the District of Columbia enters the stipulated order.6,13
- FTC issues order to show cause proposing to modify the 2020 order.2
- District court denies Facebook's motion to enforce the stipulated order and to block the FTC proceeding, finding it had not retained jurisdiction. Meta appeals.4,7,8
- D.C. Circuit reverses and remands.9,10
- Case returns to the district court after the D.C. Circuit ruling, according to Meta.11
- FTC stays its Order to Show Cause proceeding pending the court cases, according to Meta.11
- District court orders a schedule for supplemental briefing, completed in May 2026, according to Meta.11
- US government opposes Meta's renewed motion on remand, according to MLex.12
Sources
- US Federal Trade Commission, FTC Imposes $5 Billion Penalty and Sweeping New Privacy Restrictions on Facebook, 24 July 2019 · document record Court, legislation, official register or regulator record
- US Federal Trade Commission, FTC Proposes Blanket Prohibition Preventing Facebook from Monetizing Youth Data, 3 May 2023 · document record Court, legislation, official register or regulator record
- Law.com Legaltech News, Meta Blasts FTC After Agency Moves to Block It From Monetizing Child and Teen Data, 3 May 2023 Independent reporting
- CNN, FTC can seek tough new restrictions on Meta's use of personal data, federal judge rules, 28 November 2023 Independent reporting
- MediaPost, Meta Renews Battle With FTC Over Teen Data, 17 February 2026 Independent reporting
- US District Court for the District of Columbia (via GovInfo), United States v. Facebook, Inc., No. 1:19-cv-02184, Memorandum Opinion in support of Order granting Consent Motion for Entry of Stipulated Order (signed 23 April 2020), 23 April 2020 · document record Court, legislation, official register or regulator record
- US District Court for the District of Columbia (RECAP copy on CourtListener), United States v. Facebook, Inc., No. 1:19-cv-02184, Order denying Motion to Enforce the Stipulated Order and to Enjoin the Administrative Reopening Proceeding (ECF No. 61), 27 November 2023 · document record Court, legislation, official register or regulator record
- US District Court for the District of Columbia (via GovInfo), United States v. Facebook, Inc., No. 1:19-cv-02184, Memorandum Opinion in support of Order denying Defendant's Motion to Enforce (signed 27 November 2023), 27 November 2023 · document record Court, legislation, official register or regulator record
- hallapproved.com (reproducing D.C. Circuit opinion), United States v. Facebook, Inc., 136 F.4th 1129 (D.C. Cir. 2025) (case summary and opinion text), 16 May 2025 · document record Court, legislation, official register or regulator record
- FindLaw (reproducing D.C. Circuit opinion), United States v. Facebook, Inc., No. 23-5280 (D.C. Cir. 16 May 2025), opinion text, 16 May 2025 · document record Court, legislation, official register or regulator record
- Meta Platforms, Inc. (SEC EDGAR), Meta Platforms, Inc. Form 10-Q for the quarter ended 30 September 2026, Commitments and Contingencies note · document record Filing or formal statement by the subject
- MLex, US asks court to reject Meta's renewed attempt to stop reopening of FTC proceedings, 7 April 2026 Independent reporting
- US Federal Trade Commission, FTC Gives Final Approval to Modify FTC's 2012 Privacy Order with Facebook to Include Provisions from 2019 Settlement, 28 April 2020 · document record Court, legislation, official register or regulator record
Revision history
- 30 October 2026: Updated the current status from Meta's Q3 2026 filing: the case returned to the district court on 10 July 2025, briefing finished in May 2026 and a hearing is set for 12 November 2026. Added that the 2020 court opinion states Facebook does not admit the allegations.
- 30 October 2026: First published after source verification.
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