Samsung TVs Halt Data Collection in Texas Without Explicit User Consent

Samsung has entered into a settlement with the State of Texas concerning the alleged unauthorized collection of viewing data through its smart TVs. This agreement outlines revisions to Samsung’s privacy disclosures, ensuring consumers are well-informed about data collection practices.

Background of the Case

In December 2022, Texas Attorney General Ken Paxton initiated a lawsuit against multiple TV manufacturers, including Samsung. The lawsuit claimed these companies were using Automated Content Recognition (ACR) technology to gather viewing data without obtaining explicit consent from users.

Legal Actions and Allegations

• In January 2023, Texas secured a temporary restraining order (TRO) against Samsung.
• The TRO aimed to halt Samsung’s data collection activities, citing violations of the Texas Deceptive Trade Practices Act (DTPA).
• The following day, the TRO was vacated; however, the lawsuit remained active.

Allegations indicated that Samsung used ACR technology to capture screenshots of what consumers were viewing. This information was allegedly used for targeted advertising purposes. The court indicated that Samsung enrolled users automatically in this system, employing “dark patterns” that complicated the reading of privacy statements.

Key Terms of the Settlement

According to the settlement, Samsung is required to:

• Cease any collection or processing of ACR viewing data without clear, express consent from Texas consumers.
• Revise its smart TV disclosures and consent screens to ensure clarity and transparency for users.

Attorney General Paxton praised Samsung’s commitment to these consumer safeguards. He emphasized that while Samsung is moving forward, other smart TV manufacturers such as Sony, LG, Hisense, and TCL Technologies have yet to respond similarly to the lawsuit.

Samsung’s Response

A representative from Samsung stated that the company disagrees with the claim that its Viewing Information Services (VIS) system violated any laws. Nonetheless, Samsung aims to enhance its privacy disclosures. The spokesperson affirmed that “Samsung TVs do not spy on consumers” and highlighted the brand’s commitment to consumer privacy.

This settlement underscores the importance of user consent in the collection of personal data, particularly regarding smart television technology.