Texas Attorney General Ken Paxton sent notification letters to over 100 companies for failing to register as data brokers under Texas Business and Commerce Code Chapter 509, which requires registration by March 1, 2024, and implementation of data safeguards. This action is part of an initiative to enforce privacy laws and protect consumer data.
Companies must register with the Texas Secretary of State and comply with data safeguard requirements; failure may result in penalties under the law.
In-house legal teams should review all vendor, customer, and data processing agreements where the counterparty may be classified as a data broker under Texas law. Specifically examine clauses addressing data broker registration status, data security safeguards, consumer privacy obligations, and compliance with Texas Business and Commerce Code Chapter 509. Agreements may require amendments to include representations and warranties regarding registration, mandated implementation of data safeguards, audit rights, and termination provisions for non-compliance. Due diligence on counterparties' data broker status and registration evidence should be integrated into onboarding and renewal processes.
Entity
Multiple Data Brokers
Also known as: Data Brokers
Industry
Data BrokerTexas 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.
Texas Attorney General Ken Paxton opened an investigation into LinkedIn Corporation over allegations that the company advertised and profited from fake or misleading job opportunities ("ghost jobs") on its platform. The investigation focuses on whether LinkedIn misled consumers who paid for Premium subscriptions by failing to disclose that a significant percentage of job postings may be inactive or not genuine hiring opportunities.
$45.0M
Attorney General Ken Paxton secured a $45 million multistate settlement with Block, Inc. (Cash App) for misleading consumers about the safety of its platform and failing to protect users from fraud. The settlement requires Cash App to maintain 24-hour customer support, cease deceptive safety claims, and fulfill its legal duty to investigate and reimburse unauthorized transactions.
$13.0M
Texas Attorney General Ken Paxton secured a settlement with Walmart over deceptive practices in its Spark Driver program. Walmart misrepresented driver pay, including failing to pass on customer tips and altering base pay after drivers accepted offers. The $13 million settlement provides direct payments to affected Texas drivers and requires Walmart to implement honest compensation practices.
Texas Attorney General Ken Paxton announced an investigation into StubHub for failing to deliver FIFA World Cup tickets that fans purchased. The investigation focuses on reports of 'ghost ticketing,' where sellers list tickets they do not possess, collect payment, and cancel when unable to deliver.