(SeaPRwire) – Netflix is facing a lawsuit filed by Texas Attorney General Ken Paxton, who alleges the streaming service has been “spying on Texans, including children, and gathering user data without their knowledge or consent.”
Paxton stated that Netflix had previously assured customers “that it does not collect or integrate user data and that children’s profiles are specifically designed to safeguard young viewers.” However, he contends the company instead “quietly developed a behavioral surveillance system of massive scale.”
“This system is designed to keep Texans and their kids glued to their screens and then harvest every possible detail about them during that time,” he said in the complaint submitted Monday.
Paxton—a Republican currently running for the U.S. Senate—asserts that these alleged practices breach the Texas Deceptive Trade Practices Act.
“When you watch Netflix, Netflix watches you,” the lawsuit states.
He also accuses Netflix of using “dark patterns,” such as its autoplay function, to “influence users to act in ways the company desires,” thereby eliminating “the natural pauses that would normally prompt someone to step away from their device.”
A Netflix spokesperson told TIME that the company plans to respond to the claims in court.
“Out of respect for the great state of Texas and Attorney General Paxton, we believe this lawsuit is without merit and relies on misleading and exaggerated information,” the spokesperson said. “Netflix takes member privacy seriously and adheres to all applicable privacy and data protection laws in every region where we operate.”
The legal filing references remarks by former Netflix CEO Reed Hastings, who said in 2020 that the company was not combining user data across its platform.
“We don’t collect anything. Our sole focus is on delighting our members, and we stay clear of the controversies surrounding advertising,” Hastings remarked during an earnings call.
“Netflix marketed its subscriptions as a refuge from Big Tech surveillance: pay monthly and avoid being tracked,” the lawsuit alleges. “Texans relied on that promise. Netflix violated it—by building the very kind of data-gathering infrastructure that subscribers paid to avoid.”
Paxton is seeking a temporary restraining order to stop Netflix from “collecting, sharing, selling, disclosing, using, or otherwise handling any data gathered about Texas consumers.”
He is also demanding that Netflix “delete” all data previously collected on Texans and wants guarantees that the company will not use user data for targeted advertising unless it first secures “express, informed consent” from users.
As a financial consequence, the Texas official is calling for civil penalties of up to $10,000 per violation.
This week, Paxton settled a separate lawsuit with LG, which he had initiated in December along with suits against four other companies, all accused of “spying” on Texas residents.
Under the settlement, LG must update its smart TVs to show a notice to users when they access the Viewing Information Agreement.
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