I love living in Texas. Texas Attorney General Ken Paxton issued a consumer alert warning Texas businesses and nonprofit organizations about a recent increase in demand letters alleging violations of California’s Invasion of Privacy Act (“CIPA”) based on the use of common website technologies.
Paxton warns that the letters reportedly target Texas entities and may allege that technologies such as cookies, tracking pixels, analytics tools, and website search functions constitute unlawful “wiretapping” under CIPA. The letters may demand immediate payment to avoid litigation and may include screenshots of the recipient’s website and a proposed complaint.
The Attorney General cautions that these demands may exaggerate or misrepresent potential legal violations and advises recipients not to respond to the sender or make payments without first consulting qualified legal counsel. The alert specifically identifies a local favorite, Vivek Shah, as a serial CIPA plaintiff who has sent similar demand letters and notes that he has been declared a vexatious litigant and is restricted from filing new CIPA or related digital-privacy claims in the U.S. District Court for the Central District of California without prior court permission.
The Attorney General recommends that Texas businesses and nonprofits receiving these letters:
- Consult privacy and website-tracking litigation counsel before responding.
- Review their use of cookies, pixels, analytics, and similar tracking technologies with counsel.
- Monitor developments in state and federal privacy laws and relevant court decisions.
- Report suspected fraudulent, abusive, or deceptive demand letters to the Texas Attorney General’s Consumer Protection Division.
Great recommendations by the Texas Attorney General! And Troutman Amin is the firm that can assist you with this issue. If you get one of those suspicious letters, reach out.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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