Texas Attorney General Ken Paxton appealed a Massachusetts federal court order that blocked his office from proceeding with a Texas lawsuit against ActBlue under the Texas Deceptive Trade Practices Act. The lawsuit alleges ActBlue misrepresented that it no longer accepted gift card donations. The appeal seeks to reverse the preliminary injunction.
The AG is seeking to enforce the Texas Deceptive Trade Practices Act against ActBlue for misrepresentations. The appeal seeks to reverse the preliminary injunction that blocked the Texas lawsuit.
In-house legal teams should review vendor agreements with fundraising platforms or payment processors to ensure they include robust representations and warranties regarding compliance with consumer protection laws, including prohibitions on misrepresenting services or safeguards. They should also verify that contracts grant audit rights to confirm ongoing compliance, and include indemnification clauses for violations of consumer protection statutes. Additionally, review any clauses related to gift card processing and ensure that vendors are not making false claims about their practices.
Entity
ActBlue
Industry
TechnologyOfficial Press Release
https://www.texasattorneygeneral.gov/news/releases/attorney-general-paxton-appeals-massachusetts-court-order-unlawfully-blocks-enforcement-texas
Appellant's Opening Brief
https://www.texasattorneygeneral.gov/sites/default/files/images/press/Appellant's%20Opening%20Brief.pdf
Texas Attorney General Enforcement Page
https://www.texasattorneygeneral.gov/consumer-protection/privacy
"ActBlue"
"Texas Deceptive Trade Practices Act"
"misrepresented the services and safeguards it provided to campaigns and consumers"
$3.0M
Texas Attorney General Ken Paxton announced a settlement requiring Temu to protect Texans’ sensitive personal data from exposure to the Chinese Communist Party and to strengthen product-safety practices. Temu must pay Texas $3 million, comply with data-security requirements backed by a potential $8 million annual penalty, conduct annual independent product testing, and take specified action on products found to contain harmful substances.
$773.0M
Texas Attorney General Ken Paxton announced that a multistate coalition had secured an opioid settlement with Albertsons, which would require the grocery chain to pay more than $773 million nationally once final. Texas and its political subdivisions may receive up to $57.8 million for opioid abatement; the release does not identify privacy violations.
Texas Attorney General Ken Paxton sued Gerber Products Company and Nestlé USA, Inc., alleging that Gerber made deceptive safety and testing claims while its baby food contained dangerous levels of toxic heavy metals. The lawsuit asserts claims under the Texas Deceptive Trade Practices Act; the release does not report a settlement, monetary penalty, or court order.
$1.5M
The Texas Attorney General obtained a judgment holding Rubinsky Roofing LLC liable for 27 violations of the Texas Deceptive Trade Practices Act, including deceptive practices involving older consumers and payment for unnecessary or unfinished repairs. The judgment requires more than $1.5 million in civil penalties, allocates at least $500,000 to consumer restitution, and permanently bars the company and its owner from the practices at issue.
The Texas Attorney General opened an investigation into UnitedHealth Group over allegations that its insurance-benefit administration and patient-care decisions denied Texans medically necessary healthcare. The AG issued Civil Investigative Demands to collect evidence; the release announces no penalty or remedy.
$7.5M
Texas Attorney General Ken Paxton announced a $7.5 million settlement with Tris Pharmaceuticals over alleged misrepresentations about the efficacy of Dyanavel XR, an ADHD drug marketed for children. The release says the company overstated the drug’s efficacy and directed sales representatives to make misleading claims to doctors, including Medicaid providers.