New Mexico Sues Meta in First Stand-Alone State Case Over Child Exploitation

State's undercover investigation alleges Meta failed to protect children from predators on its platforms

Feb. 1, 2026 at 6:47am

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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, with jury selection starting Monday. New Mexico's case is built on a state undercover investigation using proxy social media accounts posing as kids to document sexual solicitations and Meta's response, which prosecutors say failed to protect children from predators on its platforms.

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 companies accountable for harms to minors.

The details

Attorney General Raúl Torrez filed suit in 2023, 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. The state's undercover investigation created decoy accounts for minors 14 and younger, documented the arrival of online sexual solicitations, and monitored Meta's responses, which the state says placed profits ahead of children's safety.

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

The players

Raúl Torrez

The Attorney General of New Mexico who filed the lawsuit against Meta in 2023.

Meta

The parent company of Facebook, Instagram, and WhatsApp, which is being sued by New Mexico for allegedly creating a 'breeding ground' for predators who target children for sexual exploitation and failing to protect children on its platforms.

Mark Zuckerberg

The CEO of Meta, who was initially named as a defendant in the case but has since been dropped, though he has been deposed and documents in the case carry his name.

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.'

Mollie McGraw

A Las Cruces-based plaintiff's attorney who says the 'damages here could be significant' due to how Meta's platform works.

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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

“The reason the damage potential is so great here is because of how Facebook works. Meta keeps track of everyone who sees a post. … The damages here could be significant.”

— Mollie McGraw, Plaintiff's attorney

What’s next

The judge in the case will decide on any possible civil penalties and other remedies against Meta, as well as the public nuisance charge, after the jury reaches its verdict.

The takeaway

This case highlights the growing efforts by states to hold social media companies accountable for the harms their platforms can cause to children, particularly through the use of consumer protection and nuisance laws. A win for New Mexico could open the door for more states to take similar legal action against tech giants like Meta.