New Mexico attorneys requested a district court judge fine Facebook between $35 billion and $40 billion after a Santa Fe jury found the company willfully violated state law regarding unfair and deceptive trade practices. The request was made during a hearing on October 1, 2026, before Judge Francis Mathew, who will render a decision on penalties within two to three weeks.
The jury determined Facebook committed close to 44 million violations of New Mexico’s Unfair Practices Act through its statements regarding user data, misinformation, and hate speech on the platform. New Mexico Attorney General Raúl Torrez previously stated the total cost of violations could reach as much as $219 billion.
Randi McGinn, attorney representing the state, requested the fine to hold Facebook accountable while respecting its due process rights in case of appeal. “Not only is that a fair amount,” McGinn said, “it would serve the purpose of deterrence – not just for Meta – but for any big company that would like to lie to the people of New Mexico.”
Matthew Nicholson, attorney representing Meta, argued the state’s requested penalty is unprecedented and violates the company’s Eighth and Fourteenth Amendment rights. He claimed the state is “trying to take advantage” of the jury’s ruling and “run up the score on penalties.” Nicholson noted the state’s request is double the amount paid by British Petroleum following the Deep Horizon oil spill and argued New Mexico did not prove Facebook caused any harm to New Mexicans in this case to warrant the requested penalty.
Nicholson also referenced the Supreme Court’s stance that the due process clause prohibits states from imposing statutory penalties that are wholly disproportionate to the offense.
