A U.S. court ruled on Friday that Meta Platforms, formerly known as Facebook, cannot postpone the U.S. Federal Trade Commission’s (FTC) reopening of a probe into alleged privacy violations by its Facebook unit while Meta pursues a lawsuit challenging the agency’s authority.
The decision by the U.S. Court of Appeals for the D.C. Circuit in Washington, D.C., found that Meta had not demonstrated a likelihood of success in its challenge. The court stated that Meta had “not met its heavy burden of showing entitlement to an injunction pending appeal.”
This ruling follows a separate request by Meta on March 12, where the same appeals court panel denied Meta’s plea to halt the FTC’s probe despite objections raised by Meta regarding previous penalties and safeguards.
The FTC aims to strengthen a 2020 privacy settlement with Facebook to include restrictions on profiting from minors’ data and expand regulations on facial recognition technology. The agency has accused Meta of deceiving parents about child protection measures.
In response, Meta filed a lawsuit against the FTC in November, challenging the agency’s authority to both investigate and adjudicate. Among other arguments, Meta contended that allowing the FTC’s action to proceed would violate its right to a trial by jury.
The FTC and Meta have not provided immediate comments on Friday’s ruling.
The recent decision by the D.C. Circuit addresses Meta’s appeal of a March 15 order by U.S. District Judge Randolph Moss, who refused to halt the agency’s probe, citing the strong public interest in scrutinizing Meta’s privacy controls.
Separately, the FTC has filed an antitrust lawsuit against Meta in Washington, alleging the abuse of power in the social media market. If proven, this could lead to Meta being required to divest its Instagram and WhatsApp platforms.
