WASHINGTON, March 29 (Reuters) -
Meta Platforms ( META ) cannot delay the U.S. Federal Trade
Commission from reopening a probe into alleged privacy failures
by its Facebook unit while the company pursues a lawsuit
challenging the agency's authority, a U.S. court ruled Friday.
The Washington, D.C.-based U.S. Court of Appeals for the
D.C. Circuit in its order found that Meta had not shown its
challenge was likely to be successful. The court said Meta has
"not met its heavy burden of showing entitlement to an
injunction pending appeal."
The same appeals court panel on March 12 denied a
separate request by Meta in a related case to pause the FTC's
probe, which was announced last year, despite Meta's objections
that it already paid a $5 billion fine and agreed to a range of
safeguards.
The FTC wants to tighten an existing 2020 Facebook privacy
settlement to ban profiting from minors' data and expand curbs
on facial recognition technology. The agency has accused Meta of
misleading parents about protections for children.
Meta, which has denied misleading parents about privacy
risks, sued the FTC in November in a broad constitutional
challenge against the agency's ability to be both an
investigative body and an adjudicative one.
Meta said among other things that allowing the FTC action to
move forward would violate its right to a trial by jury.
The FTC and Meta did not immediately comment.
Friday's D.C. Circuit order addressed Meta's appeal of a
March 15 order by U.S. District Judge Randolph Moss in
Washington refusing to halt the agency's probe.
Moss in his decision said Meta had not overcome the FTC's
"strong" public interest in scrutinizing Meta's privacy
controls.
The FTC separately has accused Meta in an antitrust lawsuit
in Washington of abusing its power in the social media market to
crush or buy rivals.
Meta has denied the agency's claims, which could force the
company to sell its Instagram photo-sharing platform and
WhatsApp messenger.