Texas Attorney General Ken Paxton issued warning letters to over 100 companies informing them of their apparent failure to register as data brokers with the Texas Secretary of State by the March 1, 2024 deadline required by Chapter 509 of the Texas Business and Commerce Code. The notification follows the establishment of a specialized privacy enforcement team within the AG’s Consumer Protection Division to enforce Texas privacy laws. The letters alert companies to potential penalties for noncompliance with registration and data safeguard requirements under Texas’s Data Broker Law.
The notified companies are required to cure their noncompliance by registering as data brokers with the Texas Secretary of State and implementing required data safeguards to avoid statutory penalties for violation of Texas’s Data Broker Law. No monetary penalties or other formal remedies have been imposed as of the date of the warning letters.
In-house legal teams should review all vendor agreements with entities that buy, sell, trade, or process consumer personal data to confirm whether such vendors are required to register as data brokers under Texas law. Teams should add clauses requiring vendors to certify compliance with Texas Data Broker Law registration requirements, implement adequate data safeguards, and notify the company immediately of any enforcement actions or noncompliance notices from the Texas Attorney General. Additionally, contracts should include audit rights to verify vendor registration status and data security practices, as well as indemnification clauses for penalties arising from vendor noncompliance with Texas privacy laws.
Entity
Multiple Unnamed Data Broker Companies
Industry
Data Broker"over one hundred companies"
"Chapter 509 of the Texas Business and Commerce Code"
"Texas’s newly enacted Data Broker Law"
"apparent failure to register as data brokers with the Texas Secretary of State as required by Texas’s newly enacted Data Broker Law"
"issued letters notifying over one hundred companies of their apparent failure to comply"
"Texas Attorney General Ken Paxton"
Texas Attorney General Ken Paxton and the U.S. Department of Justice secured a settlement with agricultural data broker Agri Stats, Inc. for facilitating the sharing of competitively sensitive information among meat processors, reducing competition and raising prices for chicken, pork, and turkey. Under the settlement, Agri Stats will implement industry-wide changes to its information distribution practices and make monetary payments to participating states. The settlement aims to restore competition in the agriculture industry and lower grocery prices for consumers.
Texas Attorney General Ken Paxton initiated an investigation into Drone Nerds, LLC over its partnership with CCP-affiliated Anzu Robotics, which markets drones with concealed surveillance capabilities and unauthorized data collection risks. Drone Nerds is accused of deceiving Texas consumers by misrepresenting Anzu’s ties to China and falsely claiming the drones are U.S.-based with secure privacy practices. The investigation is being conducted under the Texas Deceptive Trade Practices Act, with a Civil Investigative Demand issued to gather evidence of consumer deception and privacy violations.
$7.4B
Texas Attorney General Ken Paxton announced the effective date of a $7.4 billion settlement with Purdue Pharma, Inc. and the Sackler family over their role in fueling the opioid crisis. Texas will receive $286.5 million from the settlement, bringing the state’s total opioid recovery funds to over $3 billion. The settlement includes permanent bans on Sackler opioid sales in the U.S., public release of 30 million company documents, and distribution of funds for addiction treatment and prevention over 15 years.
Texas Attorney General Ken Paxton reached an agreement with Samsung Electronics America, Inc. to stop collecting Automated Content Recognition (ACR) data from smart TVs without consumers' express consent. Samsung must update its smart TVs to provide clear and conspicuous disclosures and obtain consent before any data collection, ensuring Texans are informed and in control of their viewing data.
Texas Attorney General Ken Paxton filed a lawsuit against Shein US Services LLC for selling toxic products and exposing consumers' personal data to the Chinese Communist Party. The lawsuit seeks monetary penalties under the Texas Deceptive Trade Practices Act. This action is part of a broader effort to protect Texans from health risks and CCP influence.
Texas Attorney General Ken Paxton filed a lawsuit against PDD Holdings, Inc. and WhaleCo Inc., doing business as Temu, for deceptive marketing and unlawful covert harvesting of Texans’ personal data that was exposed to the Chinese Communist Party. The suit alleges Temu functions as a 'trojan horse' e-commerce app that bypasses security protocols to create a backdoor into users’ private data, which is stored on servers in China. The lawsuit seeks monetary relief under the Texas Deceptive Trade Practices Act, including up to $10,000 per violation and up to $250,000 per violation targeting consumers aged 65 or older.