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TX AG Sues Allstate, Arity for TDPSA Violations Over Driving Data

Allstate and ArityJanuary 13, 2025Texas Attorney General

Consumers Affected

45,000,000

Summary

Texas Attorney General Ken Paxton filed a lawsuit against Allstate and its subsidiary Arity for unlawfully collecting, using, and selling driving data from over 45 million consumers without consent. The data, which includes precise geolocation information, was used to justify insurance premium increases. This action alleges violations of the Texas Data Privacy and Security Act (TDPSA).

Contract Impact

In-house legal teams should review all vendor agreements with mobile app developers, data analytics providers, and insurance partners to ensure compliance with state data privacy laws like the Texas Data Privacy and Security Act (TDPSA). Key clauses to audit include data collection and consent provisions, requiring explicit notice and opt-in consent for collection of sensitive data such as precise geolocation or driving behavior. Contracts should restrict unauthorized sharing or sale of consumer data to third parties, prohibit covert embedding of tracking software in apps, and ban the use of surveillance data for pricing decisions without consumer consent. Teams should also verify vendors provide clear privacy notices, obtain valid consent before collecting or sharing sensitive data, and include audit rights to monitor compliance with applicable privacy laws.

Contract Search Terms

embedded tracking softwaredriving behavior data collectiongeolocation data consentdata sale to insurance providersTDPSA compliancesensitive data noticethird-party data sale authorizationsurveillance-based pricing

Laws Cited

Texas Data Privacy and Security Act (TDPSA)

Violation Types

Entity Details

Entity

Allstate and Arity

Also known as: Allstate

Industry

Insurance

Official Sources

Source Evidence

Entity Name
"Allstate and its subsidiary, Arity"
Laws Cited
"Texas Data Privacy and Security Act (“TDPSA”)"
Violation Types
"Allstate never provided notice or obtained Texans’ consent to collect or sell their sensitive data."
Violation Types
"precise geolocation information"
Violation Types
"selling Over 45 Million Americans’ Driving Data to Insurance Companies"
Violation Types
"used the covertly obtained data to justify raising Texans’ insurance rates"

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