On July 30, 2024, Texas Attorney General Ken Paxton announced a landmark settlement with Meta over its unauthorized capture of the personal biometric data of millions of Texans in violation of Texas’s “Capture or Use of Biometric Identifier” (CUBI) Act[1] and the Deceptive Trade Practices and Consumer Protection Act[2].

CUBI was enacted by the Texas legislature in 2009 and regulates the capture, receipt, possession, sharing and retention of biometric identifiers. It applies to all private entities in Texas with the exception of voiceprint data retained by financial institutions.[3] CUBI requires that businesses provide advance notice and obtain consent before capturing biometric data for commercial purposes.[4] CUBI further (i) prohibits the sale or use of biometric data absent consent or as allowed by law, (ii) requires the exercise of reasonable care in storing or transmitting biometric data, and (iii) requires destruction of biometric data within a reasonable time.[5]

AG Paxton brought suit in February 2022, alleging that Facebook’s photo tagging feature, which was implemented in 2011, violated the Texas CUBI Act because it employed facial recognition to suggest tags without obtaining informed consent.

Per AG Paxton’s press release, Meta will pay the State of Texas $1.4 billion over five years, making this the largest settlement ever obtained from an action brought by a single state.

AG Paxton continues to demonstrate that the State of Texas is resolute in “standing up to the world’s biggest technology companies and holding them accountable for breaking the law and violating Texans’ privacy rights.” 

You can read AG Paxton’s full press release here:  Attorney General Ken Paxton Secures $1.4 Billion Settlement with Meta Over Its Unauthorized Capture of Personal Biometric Data In Largest Settlement Ever Obtained From An Action Brought By A Single State | Office of the Attorney General (texasattorneygeneral.gov)

You can read the Agreed Final Judgment entered in the State of Texas v. Meta Platforms, Inc., Cause No. 22-0121, pending in the 71^st Judicial District Court of Harrison County, Texas  below.

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[1] Tex. Bus. & Com. Code §503.001.

[2] Tex. Bus. & Com. Code §17.41 et seq.

[3] See Tex. Bus. & Com. Code §503.001(e).

[4] See Tex. Bus. & Com. Code §503.001(b).

[5] See Tex. Bus. & Com. Code §503.001(c).