looka_production_227243134 • March 30, 2026

Does the Texas Deceptive Trade Practices Act Apply to "Tech Injury"?


The Texas Deceptive Trade Practices Act (DTPA) is an important Texas tool for policing deceptive or unfair technology and data practices, especially where companies misstate, conceal, or mishandle information about collection, use, disclosure, security, or removal of sensitive content. Texas law now expressly ties some technology-specific privacy harms to DTPA liability.


The Texas Civil Practices & Remedies code specifically articulate provisions and damages regarding intimate visual materials; failures involving takedowns; notices and removal processes/systems.  This may also include digital services used by minors but it is unclear if these type of actions must be brought the the Texas Attorney General. 


Yet it is important to acknowledge that even without specific mention of technology the Texas Deceptive Trade Practices Act clearly prohibits false, misleading and deceptive conduct broad enough to reach many privacy and technology disputes when the required elements are met.  In many aspects recovery for such violations can be broad and can potentially include but not limited to improper data collection, improper geolocation tracking, incognito violations, data breaches, cybersecurity violations, data governance violations, improper biometrics practices, insufficient security safeguards and other digital type service violations or injuries.  It is important to remember that any injured party under the Texas Deceptive Trade Practices Act must be a "consumer" which in practice can be fairly broad.


Furthermore, these type of injuries can include those related to technology but not necessarily based only upon that technology itself such as the misrepresentation of the quality or characteristics of goods or services that were or are being displayed digitally via the internet. 


Any injured consumer and their attorney need to obtain and develop sufficient and detailed facts as precisely as possible in order to clearly fall under recognized claims.  Said another way, ensure that any lawsuit's pleading shows that such violations caused (causation) a consumer's injury.


Finally, though the Texas Deceptive Trade Practices Act at times may act a stand alone Cause of Action it is generally prudent to combine or tie such violations to other specific precedent or statutory Causes of Action while keeping while also ensuring that no Federal Statutory defenses or permissions allow such activity by the injuring technology company. 


In sum, personal injury derived from a consumer's use of technology can potentially recover economic damages and potentially enhanced damages  under the Texas Deceptive Trade Practices Act. 


"People v. Tech"