Texas sues TV makers for taking screenshots of what people watch

The Texas Attorney General sued five major television manufacturers, accusing them of illegally collecting their users’ data by secretly recording what they watch using Automated Content Recognition (ACR) technology.

The lawsuits target Sony, Samsung, LG, and China-based companies Hisense and TCL Technology Group Corporation. Attorney General Ken Paxton’s office also highlighted “serious concerns” about the two Chinese companies being required to follow China’s National Security Law, which could give the Chinese government access to U.S. consumers’ data.

According to complaints filed this Monday in Texas state courts, the TV makers can allegedly use ACR technology to capture screenshots of television displays every 500 milliseconds, monitor the users’ viewing activity in real time, and send this information back to the companies’ servers without the users’ knowledge or consent.

Paxton’s office described ACR technology as “an uninvited, invisible digital invader” designed to unlawfully collect personal data from smart televisions, alleging that the harvested information then gets sold to the highest bidder for ad targeting.

“Companies, especially those connected to the Chinese Communist Party, have no business illegally recording Americans’ devices inside their own homes,” Paxton said.

“This conduct is invasive, deceptive, and unlawful. The fundamental right to privacy will be protected in Texas because owning a television does not mean surrendering your personal information to Big Tech or foreign adversaries.”

Spokespersons for Sony, Samsung, Hisense, and TCL were not immediately available for comment when contacted by BleepingComputer earlier today.

An LG spokesperson told BleepingComputer that, “As a matter of policy, LG Electronics USA does not generally comment on pending legal matters such as this.”

Almost a decade ago, in February 2017, Walmart-owned smart TV manufacturer Vizio paid $2.2 million to settle charges brought by the U.S. Federal Trade Commission and the New Jersey Attorney General that it collected viewing data from 11 million consumers without their knowledge or consent using a “Smart Interactivity feature.

The two agencies said that since February 2014, Vizio and an affiliated company have manufactured and sold smart TVs (and retrofitted older models by installing tracking software remotely) that captured detailed information on what is being watched, including content from cable, streaming services, and DVDs.

According to the complaint, Vizio also attached demographic information (such as sex, age, income, and education) to the collected data and sold it to third parties for targeted advertising purposes.

In August 2022, the FTC published a consumer alert on securing Internet-connected devices, advising Americans to adjust the tracking settings on their smart TVs to protect their privacy.

Update December 16, 12:43 EST: Added LG statement.