European consumer organizations have escalated their concerns about Meta’s practices by filing a formal complaint. The crux of the issue lies in Meta’s policy of offering Facebook and Instagram users a choice between a paid version and a supposedly “free” version, which isn’t entirely free. The free version requires users to consent to the tracking and processing of their personal data for targeted advertisements.
Sandra Molenaar, director of the Dutch Consumers’ Association, highlighted the misleading nature of this arrangement. She emphasized, “Meta misleads consumers by pretending that there is a choice between a paid and a free option. While in the free option, consumers in fact pay with their data.”
This statement underscores a significant concern: the free option is not actually free if it involves an exchange of personal data, which several court rulings have equated to a form of payment.
Further complicating matters, Molenaar pointed out that even users who opt for the paid version are not exempt from data collection. Meta has not been transparent about how this data is used, raising additional privacy concerns. The forced choice, according to Molenaar, is not only misleading but also aggressive. She explained, “That is not allowed. Moreover, where should they go? Instagram and Facebook are so dominant. There is no alternative. Consumers have no real choice. That makes it unfair.”
In response to these practices, consumer organizations have approached the Consumer Protection Cooperation, a European body overseeing consumer law, and the European consumer organization BEUC is also investigating potential violations of privacy legislation and the Digital Markets Regulation.
With the complaint now filed, it remains to be seen how Meta will respond, not only to this specific complaint but also to the one noyb filed just a few days ago.