New Mexico Brings First Stand-Alone Case Against Meta Over Child Safety

State's undercover investigation using fake social media accounts aims to hold tech giant accountable for harmful effects on minors.

Jan. 31, 2026 at 11:47pm

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The first stand-alone trial from state prosecutors in a stream of lawsuits against Meta is getting underway in New Mexico. New Mexico's case is built on a state undercover investigation using proxy social media accounts and posing as kids to document sexual solicitations and the response from Meta, the owner of Facebook, Instagram and WhatsApp. The state is accusing Meta of creating a 'marketplace and breeding ground' for predators who target children for sexual exploitation and failing to disclose what it knew about those harmful effects.

Why it matters

This case could give states a new legal pathway to go after social media companies over how their platforms affect children, by using consumer protection and nuisance laws. A victory for New Mexico could have ripple effects throughout the country and the globe, as regulators look for ways to hold tech giants accountable for the harms their platforms can cause to young users.

The details

Prosecutors say New Mexico is not seeking to hold Meta accountable for content on its platforms, but rather its role in pushing out that content through complex algorithms that proliferate material that can be addictive and harmful to children. The approach could sidestep immunity provisions for social media platforms under a First Amendment shield and Section 230. An undercover investigation by the state created several decoy accounts for minors 14 and younger, documented the arrival of online sexual solicitations and monitored Meta's responses when the behavior was brought to the company's attention.

  • Jury selection for the trial began on February 6, 2026.
  • Opening statements are scheduled for February 9, 2026.
  • The trial could last nearly two months.

The players

Raúl Torrez

The Attorney General of New Mexico who filed the lawsuit against Meta in 2023, accusing the company of creating a 'marketplace and breeding ground' for predators who target children for sexual exploitation.

Meta

The parent company of Facebook, Instagram, and WhatsApp, which is being sued by the state of New Mexico over the harmful effects of its platforms on children.

Eric Goldman

The co-director of the High Tech Law Institute at Santa Clara University School of Law, who says a victory for New Mexico could have 'ripple effects throughout the country, and the globe.'

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What they’re saying

“So many regulators are keyed up looking for any evidence of a legal theory that would punish social media that a victory in that case could have ripple effects throughout the country, and the globe.”

— Eric Goldman, Co-director of the High Tech Law Institute at Santa Clara University School of Law

“Whatever the jury says will be of substantial interest.”

— Eric Goldman, Co-director of the High Tech Law Institute at Santa Clara University School of Law

What’s next

The judge in the case will decide on any possible civil penalties and other remedies against Meta after the jury weighs whether the company engaged in unfair business practices and to what extent.

The takeaway

This case represents a new legal strategy for states to hold social media companies accountable for the harms their platforms can cause to children, potentially opening the door for more lawsuits targeting tech giants' algorithms and business practices rather than just user-generated content.