United States of America: Announced Meta appeal against FTC regarding its unconstitutional structure and its order prohibiting Meta services from monetising data from users under 18

On 29 November 2023, Meta filed a lawsuit against the Federal Trade Commission (FTC) regarding its structure and an order prohibiting Meta services from monetising data from users under 18. Meta claims that fundamental aspects of the FTC’s structure are in violation of the US Constitution. Meta filed the lawsuit after the district court ruled that the FTC may proceed with the revision of the privacy settlement with Meta, which includes an order prohibiting monetisation of data from users under 18. Meta claims that this present lawsuit renders the FTC Proceedings against Meta unlawful. Specifically, Meta contests the constitutionality of five structural characteristics of the FTC, namely that the FTC acts in a dual role as prosecutor and judge, which violates due process requirements and adjudicates private rights violating Article III. Further, Meta’s claims concern the removal process by the President, the delegation of power to the FTC by Congress, and that Meta’s right to a jury trial under the Seventh Amendment is violated.