Responding to an influx of demand letters received by Texas-based companies alleging California Invasion of Privacy Act (“CIPA”) violations, Texas’ Attorney General, Ken Paxton (“Texas AG”), recently implored Texas companies to contact his office if they have received CIPA demand letters. On the heels of recent CIPA reform, the Texas AG’s response to the surge in CIPA demand letters appears to be another inflection point for CIPA-based litigation.
The Texas AG’s Answer to The Surge in CIPA Demands
On September 17, 2026, the Texas AG issued a press release urging Texas-based companies to exercise caution before responding to CIPA demands. Sparked by an increase in demand letters exaggerating and misrepresenting potential CIPA violations, the Texas AG declared that “[m]y office will do everything we can to protect Texans from fraudulent demands and other scams.” He further warned companies “of suspicious letters demanding payment from Texas businesses for alleged website privacy violations under California law. For companies that receive CIPA demands, the Texas AG “urge[d] any organization . . . to exercise caution, consult with legal counsel, and report suspected fraud or abuse to my office.”
Contact KMT First If You’re In Texas And You’ve Received a CIPA Demand Letter
If you’ve received a CIPA Demand Letter, do not respond! Consulting with attorneys experienced in CIPA-based and other privacy litigation should be your first step. With the assistance of seasoned counsel, identifying and reviewing your website’s data collection practices is paramount. Among other things, companies should ascertain what information is collected, when the data collection occurs, and with whom the data is shared.
Although California legislative reform and the Texas AG’s response to the spike in CIPA demands are welcome developments for industry, the plaintiffs’ bar continues to use other consumer data privacy laws as vehicles for litigation. The experienced attorneys at Klein Moynihan Turco (“KMT”) have assisted numerous companies in CIPA-related proceedings and other consumer data privacy matters. In addition, KMT’s attorneys routinely defend companies involved in other federal and state regulatory proceedings. If your company has been served with a CIPA-related demand, please email us at info@kleinmoynihan.com or call us at (212) 246-0900.
The material contained herein is provided for informational purposes only and is not legal advice nor is it a substitute for seeking legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.
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