ARTICLE
11 November 2024

Trump Sues CBS Under Texas Deceptive Trade Practices Act

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Frankfurt Kurnit Klein & Selz

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In the beginning of October, Vice President Kamala Harris sat for a 60 Minutes interview on CBS—where she discussed her views on the Israeli/Gaza war, immigration, the economy, and more...
United States Media, Telecoms, IT, Entertainment

In the beginning of October, Vice President Kamala Harris sat for a 60 Minutes interview on CBS—where she discussed her views on the Israeli/Gaza war, immigration, the economy, and more. A few weeks later, former President Donald Trump sued CBS for its "malicious, deceptive, and substantial news distortion" in airing the interview, claiming $10 billion dollars in damages.

Unlike President Trump's other lawsuits against media organizations, Trump did not sue CBS under the First Amendment. Instead, President Trump sued 60 Minutes under a Texas statute, the Texas Deceptive Trade Practices-Consumer Protection Act ("DTPA") Tex. Bus. & Comm. Code § 17.46(a), a consumer protection law aimed at preventing fraudulent and deceptive business practices, including companies making false or misleading claims about what they're selling. The DTPA protects consumers who are purchasing goods or services.

Former President Trump claims that CBS violated the Texas DTPA by using "its national platform on 60 Minutes to cross the line from the exercise of judgment in reporting to deceitful, deceptive manipulation of news." In the Complaint, former President Trump alleges that a portion of the interview, where Harris discussed the Israeli/Gaza war, was "doctored," because the 60 Minutes broadcast contained a "more succinct answer" than what appeared on Face the Nation. The complaint alleges that "millions of Americans, including residents of Texas"—where Trump brought the suit—"were confused and misled" by the "doctored" interview.

On October 31, 60 Minutes issued a statement saying that former President Trump's claims are "false," that the interview was not "doctored," and that it did not "hide" any part of Harris' answers. The network said in the statement that "60 Minutes fairly presented the interview to inform the viewing audience, and not to mislead it."

Using a state's deceptive practices act is certainly a unique way to target the media. In 2020, former President Trump filed numerous lawsuits against media companies including The New York Times and CNN. This lawsuit against CBS likely won't be the last in this election cycle.

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