What Texas’ Record $1.4‑Billion Deal With Meta Portends for Biometric Data Capture and Use

Texas’ record-setting settlement with Meta Platforms, Inc. for alleged consent-related violations of the state’s Capture or Use of Biometric Identifiers Act and its Deceptive Trade Practices Act is a reminder that failure to comply with these laws carries risks, and not only for large technology companies. In addition to the monetary penalty, the settlement establishes detailed procedures for Meta to notify the Texas AG’s office of anticipated or ongoing use of biometric data. With insights from partners at Blank Rome, Farella Braun & Martel, and Holland & Knight, this article examines the implications of the settlement and provides practical compliance takeaways. For background on Texas’ pursuit of Meta, see “BIPA Decisions Expand Potential Liability: What’s Next in Illinois and Other States?” (Mar. 8, 2023).

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