In late 2025, the Texas Deceptive Trade Practices Act (“DTPA”) was updated through cross-referenced legislation to address the growing issue of AI-generated intimate visual material distributed online. The new provisions make it a deceptive trade practice, actionable under the DTPA, for owners of internet websites or applications to fail to promptly remove such material upon request, to lack an easy-to-use removal system, or to omit clear notice of the removal process.
These changes do not amend the text of the DTPA itself but instead create a statutory link: violations of the new requirements for online platforms are expressly deemed deceptive trade practices under the DTPA, thereby granting affected individuals the right to pursue remedies available under the Act. This legislative update reflects Texas’s response to technological developments and the need for consumer protection in the digital age.
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The Texas Deceptive Trade Practices Act (DTPA), codified in Chapter 17, Subchapter E of the Texas Business & Commerce Code, is the state’s principal consumer protection statute. It prohibits a wide range of false, misleading, or deceptive business practices and provides consumers with remedies for violations. The DTPA is designed to be interpreted liberally to protect consumers and deter unfair practices.
In 2025, the Texas Legislature enacted a new provision, codified at Texas Civil Practice and Remedies Code § 98B.0022, which took effect on September 1, 2025. This provision does not directly amend the DTPA’s text but instead creates a statutory cross-reference: it provides that certain failures by owners of internet websites or artificial intelligence applications constitute deceptive trade practices actionable under the DTPA.
Scope and Mechanism of the Update
The update to the DTPA, as implemented through the cross-referenced provision in the Civil Practice and Remedies Code, represents a significant expansion of the Act’s reach into the digital and AI context. The law targets a specific and emerging harm: the nonconsensual distribution of AI-generated intimate visual material, sometimes referred to as “deepfake” pornography or synthetic intimate imagery.
By making failures to remove such material, or to provide adequate removal mechanisms and notice, actionable under the DTPA, the Legislature has provided affected individuals with access to the DTPA’s robust remedies. These remedies may include actual damages, mental anguish damages (in certain cases), and, where appropriate, treble damages and attorney’s fees.
The mechanism chosen by the Legislature is notable: rather than amending the DTPA’s text directly, the new law creates a statutory bridge. It declares that violations of the new obligations are “deceptive trade practices” for purposes of the DTPA. This approach ensures that the full remedial scheme of the DTPA is available to individuals harmed by the specified conduct, without the need to enumerate these new digital harms within the DTPA’s own list of prohibited practices.
Obligations Imposed on Website and App Owners
The new law imposes three distinct but related obligations on owners of internet websites and applications:
- Timely Removal: Upon receiving a request from an individual depicted in AI-generated intimate visual material, the owner must remove the material within 72 hours. This creates a clear, enforceable deadline and ensures prompt action to mitigate harm.
- Accessible Removal System: Owners must provide a system that is easy for individuals to use when requesting removal. This requirement addresses potential barriers to redress, such as complex or hidden procedures, and ensures that the removal process is not merely theoretical but practically available.
- Clear Notice: Owners must post clear notice of the removal process. This ensures that individuals are informed of their rights and the steps they must take to request removal, further supporting the effectiveness of the remedy.
A failure to comply with any of these obligations is actionable as a deceptive trade practice under the DTPA. This means that individuals harmed by such failures may bring a claim under the DTPA and seek the remedies provided by that statute.
Legal and Practical Implications
The update has several important legal and practical implications:
- Expanded DTPA Coverage: The DTPA now covers a new category of digital harms, reflecting the Legislature’s recognition of the risks posed by AI-generated intimate content and the need for consumer protection in the digital sphere.
- Remedies for Victims: Individuals whose requests for removal are ignored or delayed, or who are not provided with an accessible removal system or clear notice, may pursue DTPA claims. This provides a powerful incentive for website and app owners to comply with the new requirements.
- Scope of Application: The law applies broadly to owners of internet websites and applications, including social media platforms, that may host or distribute AI-generated intimate visual material. It is not limited to Texas-based entities, so long as the conduct affects individuals within the state.
- No Direct Amendment to DTPA Text: The DTPA’s statutory language remains unchanged; the new obligations are incorporated by reference through the Civil Practice and Remedies Code. This approach may have interpretive implications, but the legislative intent to make these failures actionable under the DTPA is clear.
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