The class action says that this breaches IL state law.
An earlier class action which included all Facebook users in IL was dismissed as the judge concluded that such lawsuit would include people in Facebook pictures that had not been tagged.
However in his order, US District Judge James Donato wrote: "Facebook seems to believe... statutory damages could amount to billions of dollars". The certification of a class of users is a key step in brining a class action.
The ruling on Monday by a USA federal judge in California comes as the social network is snared in a scandal over the mishandling of 87 million users' data ahead of the 2016 United States presidential election.
In this case, that group has been defined as users "in IL for whom Facebook created and stored a face template after June 7, 2011", which has the potential to cover millions of individuals.
He is also due to meet European Commission Vice President Andrus Ansip in San Francisco this week, reports Bloomberg.
"While third party fact checking is part of our ongoing efforts to combat spread of false news, we are working hard to improve the accuracy of information on Facebook in various ways", it added. It's not alone - Google is facing a similar class action in Chicago centred on its Google Photos service.
"We give our all-out support to them in their efforts to combat the creation and spread of false news that have poisoned our shared space and dumbed down, if not encouraged, vicious discourse in our online community-and that has served no one in any good way", PCOO Undersecretary for New Media Lorraine Badoy said in a statement.
In December 2017 Facebook announced that users would be notified if a picture of them was uploaded by someone else, even if they hadn't been tagged in it. Both Verint and Terrogence have provided surveillance and spy technology to U.S. government bodies such as the NSA and the U.S. Navy as well as many other intelligence agencies.