AG Watch: Texas Expands Use Of Consumer Protection Laws

State Attorneys General Partner and Practice Chair Paul Singer, Special Counsel Beth Chun, and Associate Andrea deLorimier authored, ​“AG Watch: Texas Expands Use Of Consumer Protection Laws,” for Law360. This article focuses on the increased number of actions brought by the state of Texas that are not typically associated with consumer protection law. While historically, the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) is has been used by the state in more traditional cases involving fraudulent conduct, such as deceptive or misleading advertising, or misrepresenting the features of a good or service, the state’s authority is arguably much broader and delves into areas such as opioids, human trafficking, DEI, and ESG.

“Unlike a private citizen, who must show that they meet the statutory definition of a consumer under the DTPA, the state takes the position that it does not need to identify any consumers when it brings an action. In fact, the attorney general has historically brought cases where the harmed individuals would not be able to meet the statutory definition of a consumer, leaving the attorney general as the only plaintiff that could pursue a DTPA violation.”

The article lays out several practical takeaways from these Texas trends that companies should consider in their compliance practices.

Read the full article here.