- within Consumer Protection, Litigation and Mediation & Arbitration topic(s)
On October 31, 2025, the Office of the Texas Attorney General announced the execution of a $1.375 billion settlement agreement with Google regarding privacy claims originating from two lawsuits filed by Texas against Google in 2022. The lawsuits concerned Google's handling of data derived from geolocation, incognito browsing activities and biometric identifiers.
In the first lawsuit, Texas alleged violations of the Texas Deceptive Trade Practices Act, asserting that Google "systematically misled, deceived, and withheld material facts" about how Google tracked, used, and monetized geolocation data. Texas further alleged that Google deceptively captured information while users were in "Incognito" mode, continuing to track, collect and utilize data contrary to its public representations. The disclosures in Google's own privacy policy were used to support the Deceptive Trade Practices Act claims.
The second lawsuit accused Google of collecting biometric identifiers, including voiceprints and facial geometry records, through Google Photos, Google Assistant and Nest Hub Max, in violation of Texas' Capture or Use of Biometric Identifier Act (CUBI). Notably, the Texas Attorney General has previously used CUBI to curb use of Texans' data without consent.
If the substantial size of the settlement does not catch your attention, the continued commitment and willingness of Texas to deploy every available tool in the privacy toolbox should.
Bracewell's data security & privacy team is ready and able to review privacy policies for best practices or discuss developments in privacy enforcement in Texas and beyond.
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