TEXASDATA LAW

Guide outline Draft outline

Privacy Representations and the DTPA

When a privacy promise becomes a DTPA case: how Texas maps representations to data flows and what remedies follow.

LG07 · Hub: Enforcement and Litigation · Intended reader: Litigators, general counsel, investigators, and privacy leads

Scope

Maps privacy notices, marketing, setup screens, encryption claims, and security promises to actual data flows and evidence; explains pleaded DTPA theories, defenses, remedies, and limits from primary sources, with settlements distinguished from findings. Texas relevance: the DTPA is the Texas enforcement and litigation vehicle for deceptive privacy and security representations, and recent AG matters turn on the gap between public statements and technical reality.

Section outline

  1. Deck: "When a privacy promise becomes a DTPA case: how Texas maps representations to data flows and what remedies follow."
  2. Short answer: DTPA structure, proof from communications and flows, defenses, remedies, limits.
  3. Section: Mapping Notices, Marketing, Setup Screens, and Claims to Actual Data Flows.
  4. Section: Encryption Representations and Security Promises.
  5. Section: Pleaded DTPA Theories.
  6. Section: Defenses.
  7. Section: Remedies and Limits.
  8. Section: DTPA Versus TDPSA/CUBI Statutory Duties.
  9. Section: Case Studies (labeled allegations): Meta/WhatsApp, Netflix, PowerSchool, Smart-TV Matters.
  10. Section: Settlements Distinguished From Findings.
  11. What Is Unsettled: theory boundaries not yet tested in published dispositions.
  12. Sources.
  13. Related reading: LG06 (AG enforcement), LG04 (notices and consent), /tracker/texas-attorney-general/ (CR05).

Assigned content modules

  • G85: Privacy Representations and the DTPA

Required research sections

  • Texas DTPA theory from privacy notices and representations (what it covers; CG01 required coverage)
  • Encryption representations and security claims (what it covers; CG05 required coverage)
  • Advertising promises and setup screens (what it covers)
  • Proving each claim from the communication and the underlying data flow (methodology; contrasts DTPA theories with TDPSA/CUBI statutory duties)
  • Case studies as clearly labeled allegations: Meta/WhatsApp, Netflix, PowerSchool, smart-TV matters (what each covers)
  • Pleaded theories, defenses, remedies, and limits (what it covers)

Research anchors and owner works

Anchors: L19, L01, L04, L12. Owner works: A01 (dependency; content to be supplied by owner, not invented)

Owner works: A01 (dependency; content to be supplied by owner, not invented).

Sister-site crossover

none required by Appendix F. Crossover seed original. Note: FTC Act section 5 and the GM order are placed at LG07/LG21 per M5; coordinate with the AI site only if the drafting pass identifies a verified companion (source-needed until then).

Industry: All industries
Track: Litigation and Enforcement

Related reading

  • AG enforcement