Update Jan. 6, 2026, 1:49 PM ET: After publishing this story, Samsung told BleepingComputer that the Texas court vacated the temporary restraining order that blocked Samsung from collecting smart TV viewing data the next day. More information added at the end of the story and title updated.
The State of Texas obtained a short-lived, temporary restraining order (TRO) against Samsung that prohibited the South Korean company from collecting audio and visual data about what Texas consumers are watching on their TVs.
Like other major TV manufacturers, Samsung employs Automated Content Recognition (ACR) technology to capture periodic screenshots, analyze viewing activity, and identify users' content preferences. The data is used for more targeted advertising.
Texas also filed lawsuits against Sony, LG, and China-based companies Hisense and TCL Technology Group Corporation last month, over unlawful use of ACR technology and concerns os US user data being accessed by China.
Texas Attorney General Ken Paxton claims that ACR is used to capture screenshots every 500 milliseconds without consumers' knowledge or consent.
The District Court of Collin County in Texas ruled that this activity violates the Texas Deceptive Trade Practices Act (DTPA) and ordered Samsung Electronics America Inc. and Samsung Electronics Co., Ltd to stop using, selling, collecting, and transferring data from Texas-based TVs until January 19.
Signed on January 5th at 10:10 AM, the TRO document lists several justifications for the decision to issue a temporary restraining order, including Samsung’s deceptive ACR enrollment practices and the allegation "that the Chinese Communist Party (“CCP”) has access to the information."
"The Court finds that there is good cause to believe that SAMSUNG’s process for enrolling consumers in the ACR data collection program is false, deceptive, or misleading because it does not disclose to consumers how much data is being collected about them, how the data is actually being used, and that the Chinese Communist Party (“CCP”) has access to the information," Temporary Restraining Order against Samsung
Furthermore, the court highlights that the enrollment process is confusing and opaque, pressuring users to consent to ACR through "dark patterns," and making it practically impossible to fully opt out of the data collection mechanism, letting them only "limit the use" of the collected data.
The court noted that users can consent to ACR data collection with a single click, but details about the program are available after enrollment, and reviewing the privacy statements and disclosures requires more than 200 clicks.
“Consent from consumers is not informed, privacy choices are not meaningful, users cannot reasonably understand the surveillance model, and the system defaults towards maximal data extraction,” reads the TRO document.
A TRO extends to all company "officers, agents, employees, and all other persons in active concert or participation with them" from continuing to use, sell, transfer, collect, or share ACR data relating to Texas consumers.
Texas court vacates temporary restraining order
One day after granting the TRO, the same judge ruled that it should not remain in effect and vacated the order.
“The Court finds, sua sponte, that the [TRO obtained by the State of Texas against Samsung] should be set aside,” the judge wrote in the order.
After publication of the original article, Samsung Electronics America told BleepingComputer that the TRO was vacated on Tuesday, January 6.
A company representative also said that Samsung’s TRO hearing remains scheduled for Friday, January 9.
While this does not end the lawsuit, the Texas Attorney General’s action did not ultimately prevent Samsung’s alleged collection of TV users’ viewing data.
BleepingComputer has reached out to the Texas Attorney General's Office for a statement about the court nulifying the order and future action but a commment was not immediately available.
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Comments
DyingCrow - 2 months ago
Scenario: individual uses a tv instead of a monitor for the computer. Individual checks emails, browses the internet, goes to bank websites, VERY sensitive personal information. And that s**t takes 2 screenshots a second and sends it somewhere, if connected to the internet.
That's just plain criminal.
KelsonV - 2 months ago
First thought on seeing the headline: Whoa, *Texas* got a restraining order over privacy?
3 paragraphs into the article: Oh, it's not actually about privacy, it's xenophobic posturing and protectionism. Of *course* Texas actually got the restraining order.
And to top it off, they throw in accusations of communist ties, because apparently Ken Paxton and/or the judges can't tell the difference between South Korea and China.
powerspork - 2 months ago
I wouldn't say it's about xenophobia exclusively. The privacy laws were passed after they started seeing the millions that EU countries were raking in for privacy violations. It's a money grab.
Unfortunately, Paxton and the like probably do not actually understand what is going on, nor the underlying reasons why privacy is important. What surprises me is the old fuddy duddies managed to open their ears long enough to listen to someone who does. Of course, money was involved, so they were "motivated".
Overall, at least some progress is being made on the privacy front. It is better than nothing.
XSp - 2 months ago
The everyday tragi-comic drama of the broken US justice system.
ken_smon - 2 months ago
So, who got to the judge?
RexvimilZuzakzmo - 2 months ago
> Texas court blocks Samsung from tracking TV viewing, then vacates order
That is very misleading tittle. It imply that samsung TVs track what is being viewed
[TV View/Viewership => TV + Viewing] rather than obtain and process at their leisure said content, known also as SPYING! Not to mention absurd potential of abuse if tv is used to access phone/computer data, which include build in android system. It is complete pathology.
After reading more detailed article, I will clarify my point of view, firstly TV manufacturers speak about sending hash, which is unique identifier, but capabilities described make it simply impossible, because database of such hashes would have infinite size for gaming alone. This look to me more like a recall style data *recognition*, and put into question what is actually being send. It is not hard to imagine that "CCV footage of prime minister with unconscious hooker and dead pigs head" could result in comparatively higher level of scrutiny/details being send (within said "hash") than lets say: "15th fight between participants of Jersey Shore XYZ'th season"...
Ps. And yes, this assume malice, but based on available details like calling this: "Enhanced Viewing Service" and similar BS, malice is an adequate assumption.