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Texas Attorney General Sues Temu for Deceptive Marketing and Unlawful Data Harvesting Exposing Data to CCP

PDD Holdings, Inc. and WhaleCo Inc. d/b/a TemuFebruary 19, 2026Texas Attorney General

Summary

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.

Contract Impact

In-house legal teams should review all vendor agreements with e-commerce platforms, foreign-affiliated entities, and data processors to ensure express consent clauses for all data collection activities, strict prohibitions on unauthorized data sharing with foreign adversaries or entities, and mandatory security standards that prevent backdoor access to user data. Contracts should also include audit rights to verify data storage locations, compliance with state deceptive trade practices laws like the Texas DTPA, and requirements for explicit disclosure of all data harvesting practices. Additionally, teams should update data processing agreements to prohibit covert data collection and require immediate notification of any unauthorized data access or sharing.

Contract Search Terms

data harvesting consentunauthorized data sharingforeign data storagesecurity backdoorCCP data exposureTexas Deceptive Trade Practices Actdata security protocols

Laws Cited

Texas Deceptive Trade Practices Act (DTPA)

Violation Types

Entity Details

Entity

PDD Holdings, Inc. and WhaleCo Inc. d/b/a Temu

Industry

Retail

Official Sources

Source Evidence

Entity Name
"filed suit against PDD Holdings, Inc. and WhaleCo Inc., doing business as the global online shopping platform “Temu”"
Event Date
"February 19, 2026 | Press Release"
Jurisdiction
"Texas Attorney General Ken Paxton"
Event Type
"Texas Attorney General Ken Paxton today filed suit against PDD Holdings, Inc. and WhaleCo Inc."
Laws Cited
"relief under the Texas Deceptive Trade Practices Act (“DTPA”)"
Violation Types
"covertly harvesting Texans’ personal data"

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