Paul Singer Quoted in IAPP News on Leaders in U.S. State Privacy Enforcement

State Attorneys General Partner and Practice Chair, Paul Singer, was recently quoted in IAPP News in an article titled, ​“How Texas Strives to be U.S. State Privacy Enforcement Leader.” This publication focuses on the heightened attention brought to state-level data privacy matters in recent years and raises the question of which state might take the lead on privacy enforcement. While the answer hasn’t materialized quickly, recent activity suggests Texas is trying to become a leading authority on alleged consumer protection and privacy violations. The Texas attorney general’s office recently netted the largest state privacy settlement to date, agreeing to a $1.4 billion settlement with Meta over alleged nonconsensual biometric data use. This action falls under a broader privacy undertaking Texas Attorney General Ken Paxton announced in June, 2024. The office indicated the initiative would be conducted by the Consumer Protection Division and focus on the full range of privacy and data security laws Texas carries.

“While states like Texas will want to enforce their new authority, one should always expect them to rely on their bread and butter deceptive trade practice authority as well,” Singer said. ​“Some recent cases, for example, are heavily focused on misrepresentations in privacy policies and marketing to consumers. These same theories have been part of a number of actions over the years in a variety of industries.”

“Texas was the first state to file a state-led Children’s Online Privacy Protection Act action, brought first of their kind unsolicited fax and do-not-call cases, and has led multiple multi-state and single-state actions related to major data breaches,” Singer said. ​“I view recent actions as the culmination of this continued prioritization of privacy enforcement by the office that has existed for 20 years.”

Read the full article here.