Yetter Coleman LLP partner Mollie Bracewell and associate Ayla S. Syed recently examined Attorney General Ken Paxton’s use of the Texas Deceptive Trade Practices Act (DTPA) in a recent Law360 article, “Recent Developments in Texas Attorney General’s Litigation Against the Tech Industry. ” Paxton has increasingly relied on the act to pursue investigations and lawsuits against technology platforms, including claims against five major television manufacturers, an online health technology platform and a gaming platform in the last three months.
In the article, Bracewell and Syed outline how Paxton has expanded the DTPA’s reach and why the statute presents unique litigation risks for technology companies. They discuss how the DTPA gives the attorney general broad investigative authority, flexible venue options and the ability to pursue substantial penalties untethered to individual consumer harm. They also analyze how the state has used the statute to scrutinize public-facing statements dating back to 2009, including marketing materials, interviews and blog posts and to frame juror-friendly claims of alleged deception.
The article provides practical considerations for companies, including heightened review of public communications, preparation for investigative demands and strategies for challenging jurisdiction, venue and emergency relief requests.
Bracewell represents clients in complex commercial litigation across industries. Syed focuses her practice on complex commercial litigation.
Read the full article here.