TEXASDATA LAW

Guide outline Draft outline

Tracking Technologies Advertising and Personalized Pricing

Which tracking technologies reach Texas liability, how interception theories work, and what personalized pricing faces.

LG08 · Hub: Enforcement and Litigation · Intended reader: Litigators, general counsel, investigators, and privacy leads

Scope

Third-party tags, server-side tracking, session replay, audience lists, conversion APIs, targeted advertising, and the sale and sharing definitions that reach them. It states plainly that Texas does not impose a universal GDPR-style cookie-consent rule, and it covers personalized and surveillance pricing. Texas relevance: Texas Penal Code section 16.02 interception claims, CIPA theories aimed at Texas-connected traffic, the September 17, 2026 AG tracking-demand-letter alert, and SB 690 signed September 30, 2026 make tracking a live Texas enforcement and litigation front.

Section outline

  1. Deck: "Which tracking technologies reach Texas liability, how interception theories work, and what personalized pricing faces."
  2. Short answer: technologies, theories, the Texas consent position, pricing.
  3. Section: The Technology Inventory (pixels, cookies, server-side events, session replay, chat widgets, SDKs).
  4. Section: Automated Content Recognition and Smart-TV Collection.
  5. Section: Targeted Advertising, Sale, and Sharing Definitions.
  6. Section: Website Tracking Claims and Texas Connections.
  7. Section: Website Interception: CIPA, Pen-Register, and VPPA Theories.
  8. Section: Texas Penal Code Section 16.02 and Civil Remedies.
  9. Section: Texas Recording Rules.
  10. Section: The September 17, 2026 AG Tracking-Demand-Letter Alert.
  11. Section: SB 690 (Signed September 30, 2026).
  12. Section: No Universal GDPR-Style Cookie-Consent Rule in Texas.
  13. Section: Personalized and Surveillance Pricing.
  14. Section: FTC and State Pricing Activity.
  15. Section: Cross-Link: AI Algorithmic Pricing (link-out to the AI site).
  16. What Is Unsettled: interception-theory reach and pricing-regulation boundaries.
  17. Sources.
  18. Related reading: LG04 (notices and consent), LG03 (opt-out signals), LG07 (representations and the DTPA).

Assigned content modules

  • G35: Cookies Pixels SDKs and Targeted Advertising
  • G87: Website Tracking Claims and Texas Connections
  • G94: Personalized and Surveillance Pricing

Required research sections

  • Pixels, cookies, server-side events, session replay, chat widgets, SDKs (what each covers; CA01 and CG02 required coverage)
  • Automated content recognition and smart-TV collection (what it covers)
  • Website interception: CIPA theories, pen-register theories, VPPA theories (what each covers; CA01)
  • Texas Penal Code section 16.02 and civil remedies (what it covers)
  • Texas recording rules (what it covers; CA01)
  • The September 17, 2026 AG tracking-demand-letter alert (what it covers; CA01)
  • SB 690, signed September 30, 2026 (what it covers; CA01)
  • Targeted advertising, sale, and sharing definitions (what it covers)
  • Website tracking claims and Texas connections (what it covers)
  • Personalized and surveillance pricing (what it covers; CA02 required coverage: FTC study/policy developments, state restrictions, Texas AI Law algorithmic-pricing crossover)
  • Consent records, interface design, universal opt-out mechanisms, tracking (CE06 required coverage)

Research anchors and owner works

Anchors: L01, L11, S03, L26, L22, L19, L09. 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

link-out. https://texasailaw.com/guides/algorithmic-pricing-and-antitrust/ carries the AI algorithmic-pricing treatment; the data site covers ordinary personalized and surveillance pricing and links out rather than duplicating.

Industry: Technology and platforms; Retail and consumer
Track: Litigation and Enforcement

Related reading

  • notices and consent