When the Attorney General Comes Knocking: How to Respond to a Civil Investigative Demand in Texas
A Civil Investigative Demand from the Texas Attorney General is not an accusation. It is not a lawsuit. But the Texas Supreme Court's decision in Office of the Attorney General v. PFLAG, Inc. makes one thing clear: it is a serious exercise of government power, and the instinct to fight it head-on in court is rarely the right move.
What the Court Established
The case arose from a 2024 CID that was challenged in Travis County District Court and was largely blocked—until the Supreme Court reversed. Three principles emerged from that decision.
First, the OAG does not need to prove you have relevant information before demanding it. Under the Deceptive Trade Practices Act, a law that applies to virtually every business in Texas, the OAG merely needs to believe that you may have committed a deceptive trade practice in order to obtain information from you. The OAG doesn’t need any proof that you committed an offense before demanding documents from you. And that power is not limited to suspected wrongdoers: any person or entity that might have relevant information can receive a CID.
Second, courts are for resolving specific discovery disputes, not for shutting down investigations. Targeted objections will be heard. Broad challenges to the investigation itself will not.
Third, privacy concerns can be addressed without blocking the investigation. Redactions and negotiated accommodations are sufficient to protect sensitive information and to keep the investigation moving forward.
What This Means If You Receive a CID
The litigation math is clear: going straight to the courthouse puts you at a disadvantage. The more effective path is early, cooperative engagement with the OAG. CIDs can be negotiated: scopes narrowed, timeframes adjusted, privileged information protected. But that requires raising concrete, well-grounded objections, not a blanket refusal to cooperate.
A CID is the beginning of a process, not its end. How you respond in the first weeks shapes everything that follows.