Texas Attorney General Ken Paxton filed a lawsuit against Temu (PDD Holdings, Inc. and WhaleCo Inc.) for deceptive marketing practices and illegally harvesting Texans' personal data, which was then exposed to the Chinese Communist Party. The suit seeks monetary damages under the Texas Deceptive Trade Practices Act, with potential penalties of up to $10,000 per violation and higher for seniors. This is part of a broader effort to hold CCP-aligned companies accountable.
The lawsuit seeks monetary damages under the DTPA, with penalties of up to $10,000 per violation and up to $250,000 per violation for violations targeting consumers aged 65 or older.
In-house legal teams should review all vendor, customer, and data processing agreements, particularly those involving data collection, marketing services, and international data transfers. Key clauses to scrutinize include data processing and sharing provisions, consumer consent mechanisms (especially for sensitive data), marketing and advertising representations, data security and breach notification requirements, data retention schedules, and cross-border data transfer mechanisms. Given the allegations of illegal harvesting and exposure to foreign entities, contracts may need amendments to mandate explicit, granular consent for data collection; prohibit transfers to jurisdictions without adequate safeguards (e.g., China); require robust security audits; implement clear opt-out mechanisms; and ensure all marketing claims are verifiable and non-deceptive to comply with the Texas Deceptive Trade Practices Act.
Entity
PDD Holdings, Inc. and WhaleCo Inc.
Also known as: Temu
Industry
TechnologyOfficial Press Release
https://www.texasattorneygeneral.gov/news/releases/attorney-general-ken-paxton-files-fourth-anti-ccp-lawsuit-three-days-suing-temu-deceptive-marketing
Petition 12
https://www.texasattorneygeneral.gov/sites/default/files/images/press/Petition_12.pdf
Texas Attorney General Enforcement Page
https://www.texasattorneygeneral.gov/consumer-protection/privacy
Texas Attorney General Ken Paxton sued Open AI Global, LLC and affiliated entities, alleging that ChatGPT was marketed as safe and reliable without disclosing risks of inaccurate or harmful outputs. The suit also alleges harms to minors and collection of their data without parental oversight; the release states no monetary penalty or specific remedy imposed.
Texas Attorney General Ken Paxton secured an Assurance of Voluntary Compliance with Lululemon USA Inc. after investigating potential PFAS and consumer representations about product safety. The agreement requires the company to maintain supply-chain chemical standards, verify vendor compliance through testing or certifications, and take corrective action for three years; no monetary penalty is stated.
$3.0M
Texas Attorney General Ken Paxton announced a settlement requiring Temu to protect Texans’ sensitive personal data from exposure to the Chinese Communist Party and to strengthen product-safety practices. Temu must pay Texas $3 million, comply with data-security requirements backed by a potential $8 million annual penalty, conduct annual independent product testing, and take specified action on products found to contain harmful substances.
$773.0M
Texas Attorney General Ken Paxton announced that a multistate coalition had secured an opioid settlement with Albertsons, which would require the grocery chain to pay more than $773 million nationally once final. Texas and its political subdivisions may receive up to $57.8 million for opioid abatement; the release does not identify privacy violations.
Texas Attorney General Ken Paxton sued Gerber Products Company and Nestlé USA, Inc., alleging that Gerber made deceptive safety and testing claims while its baby food contained dangerous levels of toxic heavy metals. The lawsuit asserts claims under the Texas Deceptive Trade Practices Act; the release does not report a settlement, monetary penalty, or court order.
$1.5M
The Texas Attorney General obtained a judgment holding Rubinsky Roofing LLC liable for 27 violations of the Texas Deceptive Trade Practices Act, including deceptive practices involving older consumers and payment for unnecessary or unfinished repairs. The judgment requires more than $1.5 million in civil penalties, allocates at least $500,000 to consumer restitution, and permanently bars the company and its owner from the practices at issue.