U.S. Privacy and Data Protection | Insights | August 2024 (State Law)

As many businesses are already aware of the California Consumer Privacy Act (CCPA) in California, it is important to note there are also now dozens of enacted and proposed state privacy laws across the United States. While the CCPA is administratively enforced by the California Privacy Protection Agency (CPPA), other states may begin to enforce advertising and privacy laws through their Attorney General’s offices.

For example, the Texas Attorney General’s office has been proactive in targeting data privacy laws and other advertising issues, such as “all-in” pricing. This is signaling its intent to lead in privacy enforcement. Recent high-profile cases, including a $1.4 billion settlement with Meta¹ over biometric data use, and a lawsuit against General Motors for alleged unauthorized sale of driving data², underscore the state's proactive stance. The office is not only focusing on major tech companies, but also scrutinizing compliance with data broker regulations³, among other issues.

In fact, the office has seemingly ramped up its privacy enforcement efforts with new funding and resources to tackle a range of privacy issues using various statutes, including the Texas Deceptive Trade Practices Act and the new Texas Data Privacy and Security Act. Their approach may also integrate traditional consumer protection laws and emerging privacy laws.

As Texas and other states intensify privacy initiatives, companies must be vigilant about their data practices and compliance, understanding how various laws interact and impact each business. Moreover, transparent communication with consumers about data collection and usage remains crucial, as the growing focus from Texas may influence and correspond with other states, making it essential for businesses to stay ahead of evolving privacy standards.

Kronenberger Rosenfeld, LLP regularly assists businesses with digital advertising and data privacy issues, including proactive compliance and experienced advice if legal issues arise. If you need assistance for your business, you can contact our firm with our online case submission form here.