If Meta loses the trial, the court would have wide discretion over the size of any financial penalty, and legal experts say anything close to $1.4 trillion would be unlikely.

“It’s not plausible in the sense that Meta doesn’t have that much money and could not get it,” said James Grimmelmann, a law professor at Cornell Law School and Cornell Tech. “An award that large would put Meta into bankruptcy, wipe out its owners, and effectively result in the states owning Meta.”

As a practical matter, Grimmelmann added, “that seems extremely unlikely to happen.”

In other cases that have involved high potential damages for multiple individual offenses, he said courts have stopped short of imposing the maximum penalties. One example is the Anthropic artificial intelligence training case, where plaintiffs were claiming damages of $150,000 per book that Anthropic copied, but the penalty ended up being $3,000 per book, totaling about $1.5 billion.

Trial seeks to hold Meta accountable on state and federal statutes

The federal trial this week is more complex than one earlier this year, in Los Angeles, where a state court awarded $6 million in damages from Meta and Google’s YouTube to a single plaintiff, a young woman who testified she became addicted to social media as a child.

That case was a bellwether, or test case, picked from thousands of similar civil tort lawsuits to give both plaintiffs and the defendants an idea of how their arguments fare in court. The jury determined that Meta and YouTube were negligent in the design or operation of their respective platforms, and that the negligence was a substantial factor in causing harm to the plaintiff. They also determined each company knew their platforms could be dangerous when used by a minor and that they failed to adequately warn of that danger.

The Oakland case, meanwhile, has state attorneys general as the plaintiffs and centers on state and federal statutes they allege Meta violated, which lay out potential penalty amounts for each violation.

“And there’s a lot of them because it’s four different states and at least three different kinds of statutes. There’s a child privacy statute, there’s a false advertising statute and there’s unfair competition statutes,” said Rebecca Allensworth, a professor at Vanderbilt University Law School.

Meta has added safety tools — but states want more

An outcome that leads to changes in how Facebook and Instagram operate could be as consequential as any financial penalty.

Meta has introduced a slew of new features in recent years designed to protect minors. In 2024 it launched teen accounts on Instagram, which are private by default and come with messaging and content restrictions, and parental controls. The company also uses artificial intelligence to determine if kids under 13 are using Instagram or if teenagers are lying about their age to access adult accounts.

Safety advocates have called on the company to do more. A New Mexico judge earlier this month ordered new safety measures on the platforms including time limits for minors, AI chatbot restrictions, and mandatory warnings on the platforms, but his order applied only to users in the state.

“These AGs have a real chance at fixing the product,” Laura Marquez-Garrett of the Social Media Victims Law Center said Friday in a virtual discussion with advocates hosted by the Tech Oversight Project. “For these companies, this is a real point of reckoning. As these cases go forward, this is a leap forward, folks, not a step.”

During jury selection last week, prospective jurors were asked whether and how much they believe Meta has contributed to the youth mental health crisis. While many agreed that it did, they also put responsibility on parents, and said things like climate change and the state of the world are also causing children’s and teenagers’ mental health issues.

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AP Technology Writer Kaitlyn Huamani contributed to this report.

Barbara Ortutay, The Associated Press