Texas Attorney General Ken Paxton appealed a Massachusetts federal court order that blocked his office from proceeding with a Texas lawsuit against ActBlue under the Texas Deceptive Trade Practices Act. The lawsuit alleges ActBlue misrepresented that it no longer accepted gift card donations. The appeal seeks to reverse the preliminary injunction.
The AG is seeking to enforce the Texas Deceptive Trade Practices Act against ActBlue for misrepresentations. The appeal seeks to reverse the preliminary injunction that blocked the Texas lawsuit.
In-house legal teams should review vendor agreements with fundraising platforms or payment processors to ensure they include robust representations and warranties regarding compliance with consumer protection laws, including prohibitions on misrepresenting services or safeguards. They should also verify that contracts grant audit rights to confirm ongoing compliance, and include indemnification clauses for violations of consumer protection statutes. Additionally, review any clauses related to gift card processing and ensure that vendors are not making false claims about their practices.
Entity
ActBlue
Industry
TechnologyOfficial Press Release
https://www.texasattorneygeneral.gov/news/releases/attorney-general-paxton-appeals-massachusetts-court-order-unlawfully-blocks-enforcement-texas
Appellant's Opening Brief
https://www.texasattorneygeneral.gov/sites/default/files/images/press/Appellant's%20Opening%20Brief.pdf
Texas Attorney General Enforcement Page
https://www.texasattorneygeneral.gov/consumer-protection/privacy
"ActBlue"
"Texas Deceptive Trade Practices Act"
"misrepresented the services and safeguards it provided to campaigns and consumers"
Texas Attorney General Ken Paxton launched an investigation into the American Academy of Pediatrics (AAP) over concerns that the organization may be promoting and recommending childhood vaccines for financial gain. The AAP has been issued a Civil Investigative Demand to determine the basis of its vaccine recommendations and whether they are influenced by financial incentives from pharmaceutical donors.
Texas Attorney General Ken Paxton announced an investigation into major food manufacturers, including Frito Lay, Flora Food Group, and ACH Foods, over misleading 'heart healthy' labeling. The investigation will examine whether their advertising practices violate the Texas Deceptive Trade Practices Act by misrepresenting the health value of their products. Civil Investigative Demands have been issued to these companies.
Texas Attorney General Ken Paxton opened an investigation into Lone Star Pups, LLC for misleading consumers about the origin and veterinary care of puppies sold online. The company allegedly misrepresents breeder certifications and a '10 Year Health Guarantee' with restrictive fine print. The investigation focuses on potential violations of the Texas Deceptive Trade Practices Act.
Texas Attorney General Ken Paxton announced industry-wide investigations into feminine care and cosmetic product brands, including Tampax, Kotex, L., and LOLA, over potential deceptive trade practices related to undisclosed toxic chemicals and heavy metals in their products. The investigations focus on whether consumers were misled about product safety and ingredient composition under the Texas Deceptive Trade Practices Act.
Texas Attorney General Ken Paxton issued a consumer alert warning Texans about scams, fraudulent charities, and illegal price gouging related to severe flooding. The guidance provides resources for verifying charities and reporting suspected fraud or price gouging to the AG's office.
$150.0M
Texas Attorney General Ken Paxton secured a $150 million multistate settlement against 23andMe following a 2023 data breach that exposed genetic and personal data of 6.9 million consumers. The settlement resolves bankruptcy claims and requires enhanced data security, risk assessments, and an independent advisory board, with immediate recovery of $18 million from bankruptcy funds.