Recently, Illinois’ sweeping biometric privacy law—the Illinois Biometric Information Privacy Act (“BIPA”)— garnered headlines in connection with a landmark settlement involving Facebook’s agreement to pay a staggering $650 million to settle a longstanding BIPA dispute.

And while it has received less fanfare than its Illinois counterpart, Texas maintains its own biometric privacy statute—the Capture or Use of Biometric Identifier Act (“CUBI”).  Importantly, CUBI also poses substantial risk for noncompliance.  Entities doing business in the Lone Star State utilizing biometric data—or considering doing so—are well-advised to ensure compliance with CUBI to mitigate their own liability.