Added by Acts 1977, 65th Leg., p. 604, ch. The consumer protection division may not use data that includes prices for care provided in an urgent care setting or physician practice to establish the division's authority to investigate and pursue an action under this subchapter. Sec. (f) An order of the court awarding civil penalties under Subsection (e) of this section applies only to violations of the injunction incurred prior to the awarding of the penalty order. Added by Acts 1985, 69th Leg., ch. (a) A consumer filing an action under Section 17.50 that is to be maintained as a class action shall send to the consumer protection division: (1) a copy of the notice required by Section 17.505(a), by registered or certified mail, at the same time the notice is given to the person complained against; and. 411 (S.B. (d) Service of any demand may be made by: (1) delivering a duly executed copy of the demand to the person to be served or to a partner or to any officer or agent authorized by appointment or by law to receive service of process on behalf of that person; (2) delivering a duly executed copy of the demand to the principal place of business in the state of the person to be served; (3) mailing by registered mail or certified mail a duly executed copy of the demand addressed to the person to be served at the principal place of business in this state, or if the person has no place of business in this state, to his principal office or place of business. SUBPOENAS. Sec. 143, Sec. Added by Acts 2019, 86th Leg., R.S., Ch. (16) "Loss of or damage to the vehicle," for purposes of Subdivision (14)(A)(ii), may also include unreimbursed incidental expenses that may be incurred by the warrantor, including expenses for a replacement vehicle, temporary vehicle rental expenses, and registration expenses for replacement vehicles. Give to Texas Law Connect with Texas Law 1, eff. 11.101, eff. (2) 50 percent of the amount collected paid to the county shall be deposited by the county in a segregated account and the funds shall be used only for law enforcement, public health programs, or drug abuse prevention programs. 2, eff. (d) If a district or county attorney, under the authority of this section, executes and serves a civil investigative demand and files a petition described by Section 17.61(g), the petition must be filed in the district court in the county where the parties reside. 909 (1998) https://scholar.smu.edu/smulr/vol51/iss4/13 Sec. (b) If the giving of 60 days' written notice is rendered impracticable by reason of the necessity of filing suit in order to prevent the expiration of the statute of limitations or if the consumer's claim is asserted by way of counterclaim, the notice provided for in Subsection (a) of this section is not required, but the tender provided for by Subsection (d), Section 17.506 of this subchapter may be made within 60 days after service of the suit or counterclaim. These actions are also violations of the Texas Deceptive Trade Practices/Consumer Protection Act, which gives the Attorney General the authority to take action in the public interest. (2) "Authentic Indian arts and crafts" means any product that: (B) is not made by machine or from unnatural materials, except stabilized or treated turquoise. (c) A person may place a listing for a business described by Subsection (a) the name of which indicates that it is located in a geographical area that is different from the geographical area in which the business is located if a conspicuous notice in the listing states the municipality and state in which the business is located. 1977-. 2573), Sec. 17.926. consumer, employee Students also viewed (2) a fine of not less than $5 nor more than $10 for each violation concerning any other container. Sept. 1, 2001. 291, Sec. (2) if the act or practice that is the subject of the proceeding was calculated to acquire or deprive money or other property from a consumer who was 65 years of age or older when the act or practice occurred, an additional amount of not more than $250,000. May 28, 1997; Acts 2003, 78th Leg., ch. (3) an order requiring restitution to a victim for legal and professional expenses related to the violation. OFFERS OF SETTLEMENT. (5) sell or offer for sale art represented to be by an American Indian unless it is in fact produced by an American Indian. As a prerequisite to filing a suit seeking damages under this Act, the consumer must send a 759 (H.B. ); and. (e) This section creates no duty and imposes no obligation upon anyone other than the business that is the subject of the advertisement or listing. 2.001, eff. (b) Each person selling or offering for sale turquoise shall request the suppliers of the turquoise to disclose the true nature of the turquoise. (d) The waiver required by Subsection (c) may be modified to waive only specified rights under this subchapter. June 1, 2002; Acts 2003, 78th Leg., ch. 603, Sec. CIVIL REMEDY. (h) A person on whom a demand is served under this section shall comply with the terms of the demand unless otherwise provided by a court order. A person who violates this subchapter commits an offense. (B) has a legal right to use or operate under the group's name without abandoning the name or affiliation with the group. (a) In Subsection (b) of this section, unless the context requires a different definition, "wholesaler" means a person who sells for the purpose of resale and not directly to a consuming purchaser. September 1, 2019. 167, Sec. 414, Sec. (d) Matters closed by the filing of an assurance of voluntary compliance may be reopened at any time. May 21, 1973. Sec. SALE INVENTORY. 967 (S.B. Acts 2007, 80th Leg., R.S., Ch. No district or county attorney may bring an action under this section against any licensed insurer or licensed insurance agent transacting business under the authority and jurisdiction of the State Board of Insurance unless first requested in writing to do so by the State Board of Insurance, the commissioner of insurance, or the consumer protection division pursuant to a request by the State Board of Insurance or commissioner of insurance. The clerk shall issue a separate subpoena and a copy thereof for each witness subpoenaed. LISTING OF BUSINESS LOCATION OF CERTAIN BUSINESSES. MISUSING DAIRY CONTAINER BEARING PROPRIETARY MARK. In this chapter "going out of business sale" means an offer to sell to the public, or the sale to the public of, goods, wares, and merchandise on the implied or direct representation by written or oral advertising that the sale is in anticipation of the termination of all of the operations of a business at all of its locations in a county and in all of the counties immediately adjacent to that county. 45(a)(1)]. (h) Notwithstanding any other provision of this subchapter, if a claimant is granted the right to bring a cause of action under this subchapter by another law, the claimant is not limited to recovery of economic damages only, but may recover any actual damages incurred by the claimant, without regard to whether the conduct of the defendant was committed intentionally. (h) In bringing or participating in an action under this subchapter, the consumer protection division acts in the name of the state and does not establish an attorney-client relationship with another person, including a person to whom the consumer protection division requests that the court award relief. (b) Unless the owner of a reusable container bearing a proprietary mark (or one acting with the owner's written permission) agrees, no person may. PROMOTIONAL MATERIAL. May 21, 1973. (a) In this section: (1) "Bakery basket or tray" means a wire or plastic container that holds bread or other baked goods and is used by a distributor or retailer or an agent of a distributor or retailer to transport, store, or carry bakery products. 4170), Sec. 3167), Sec. Code 17.41 et seq., protects consumers against false, misleading, or deceptive trade practices, including 17.87. The provisions of this subchapter do not in any way preclude other political subdivisions of this state from dealing with deceptive trade practices. Sec. Sept. 1, 1993; Acts 1995, 74th Leg., ch. May 21, 1973. (4) "Egg basket" means a permanent type of container that contains four dozen or more shell eggs and is used by a distributor or retailer or an agent of a distributor or retailer to transport, store, or carry eggs. 1, eff. (2) "Consideration" means the payment of cash or the purchase of a product. Added by Acts 1989, 71st Leg., ch. 2, eff. 1, eff. (3) written information concerning a test required or prescribed by a government agency if the information from the test was false or inaccurate and the defendant did not know and could not reasonably have known of the falsity or inaccuracy of the information. (6) "Trade" and "commerce" mean the advertising, offering for sale, sale, lease, or distribution of any good or service, of any property, tangible or intangible, real, personal, or mixed, and any other article, commodity, or thing of value, wherever situated, and shall include any trade or commerce directly or indirectly affecting the people of this state. 17.851. 17.885. INDEMNITY. 216, Sec. Section 287; or. (11) "Economic damages" means compensatory damages for pecuniary loss, including costs of repair and replacement. Sec. Sec. CIVIL INVESTIGATIVE DEMAND. 27, eff. September 1, 2007. SUBCHAPTER D. COUNTERFEITING OR CHANGING A REQUIRED MARK; MISUSE OF CONTAINER BEARING MARK. VENUE. Aug. 29, 1983; Acts 1995, 74th Leg., ch. 8, eff. 727 East Dean Keeton St. Austin, Texas 78705 (512) 471-5151. September 1, 2019. VENUE. 17.59. (b) In a suit filed under this section, each consumer who prevails may obtain: (1) the amount of economic damages found by the trier of fact. 216, Sec. 414, Sec. It is an exception to the application of Subsection (b) of Section 17.822 or Section 17.823 of this code that a person describes or labels food as "kosher-style," and, if the description is written, the words "kosher" and "style" are of the same size type or script. 2573), Sec. Sept. 1, 2003. September 1, 2007. Bus. September 1, 2015. 603, Sec. 7, eff. Sec. Unfair and deceptive trade names; use of term "wholesale" in advertising. (B) assisting another person in inducing or attempting to induce one or more other persons to participate in a pyramid promotional scheme, including by providing references. In addition to those fees, each licensee shall pay an amount equal to three percent of the licensee's annual gross receipts related to the licensed use in excess of $5,000 to the state as a royalty fee. (3) deface, obliterate, destroy, cover up, or otherwise remove or conceal a name or mark on a container of another without the written consent of the owner. 17.47. 17.955. The permit is valid for 120 days after the day that it is issued and is not renewable. 1, eff. Added by Acts 1973, 63rd Leg., p. 322, ch. 776), Sec. The Texas A. Texas Deceptive Trade Practices Act . Sec. (a) In the administration of this subchapter the consumer protection division may accept assurance of voluntary compliance with respect to any act or practice which violates this subchapter from any person who is engaging in, has engaged in, or is about to engage in the act or practice. 1, eff. PENALTY. 1368 (S.B. 883, Sec. 17.463. (d) The court shall abate the suit if the court, after a hearing, finds that the person is entitled to an abatement because notice was not provided as required by this section. Acts 1967, 60th Leg., p. 2343, ch. 167, Sec. 1, eff. Sec. (j) If Subsection (g) does not apply, the court shall award as damages the amount of economic damages and damages for mental anguish found by the trier of fact, subject to Sections 17.50 and 17.501. 1229, Sec. (a) This section applies only to an act described by Section 17.46(b)(31). 1, eff. (2) is not controverted by an affidavit filed by the consumer before the 11th day after the date on which the plea in abatement is filed. 17.902. In this subchapter, "end user" means a person that purchases, rents, leases, or otherwise obtains a product, service, or technology in the commercial market that is not for resale and that is, or later becomes, the subject of a patent infringement assertion due to the person's use of the product, service, or technology. 1, eff. This subchapter does not create a private cause of action for a violation of Section 17.952. Added by Acts 1995, 74th Leg., ch. 1, eff. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1995. Sept. 1, 2001. Sec. Aug. 27, 1979; Acts 1987, 70th Leg., ch. 1, eff. psilberman November 15, 2021. September 1, 2011. A district or county attorney may institute a suit described by this section on or after the 90th day after the date the attorney general receives the notice required by Section 17.48 unless before the 90th day after the date the notice is received the attorney general responds that it is actively investigating or litigating at least one of the alleged violations set forth in the notice. (f) Nothing in the subchapter shall apply to a claim arising out of a written contract if: (1) the contract relates to a transaction, a project, or a set of transactions related to the same project involving total consideration by the consumer of more than $100,000; (2) in negotiating the contract the consumer is represented by legal counsel who is not directly or indirectly identified, suggested, or selected by the defendant or an agent of the defendant; and. Sec. 1, eff. RELIEF FOR CONSUMERS. (1) remove a shopping cart or laundry cart from the premises or parking area of a retail establishment with intent to temporarily or permanently deprive the owner of the cart or the retailer of possession of the cart; (2) remove a shopping cart or laundry cart, without written authorization from the owner of the cart, from the premises or parking area of any retail establishment; (3) possess, without the written permission of the owner or retailer in lawful possession of the cart, a shopping cart or laundry cart outside the premises or parking lot of the retailer whose name or mark appears on the cart; or. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. Aug. 27, 1979; Acts 1995, 74th Leg., ch. Added by Acts 2015, 84th Leg., R.S., Ch. SUBCHAPTER G. LABELING, ADVERTISING, AND SALE OF KOSHER FOODS. (C) at least one product, service, or technology obtained by the end user that is alleged to infringe the patent or the activity of the end user that is alleged to infringe the patent. The full text can be found starting at section 17.41 of the Texas Business and Commerce Code. 8(a), eff. SUBCHAPTER B. Added by Acts 1979, 66th Leg., p. 1331, ch. 17.60. (4) "Product" means a good, a service, or intangible property of any kind. (c) A waiver under this section must be: (1) conspicuous and in bold-face type of at least 10 points in size; (2) identified by the heading "Waiver of Consumer Rights," or words of similar meaning; and. 17.63. DEFINITION. WebThe Texas Deceptive Trade Practices Consumer Protection Act (DTPA) is Texas's primary consumer protection statute. 989), Sec. (2) In construing this subchapter the court shall not be prohibited from considering relevant and pertinent decisions of courts in other jurisdictions. The final inventory must include: (1) the name and address of the permit holder; (2) a statement of the disposition of the items listed in the original inventory that were not sold during the going out of business sale and the name and address of any person purchasing those items after the ending date of the sale; and. 1047), Sec. 17.86. 291, Sec. (b) The original inventory must include: (1) the name and address of the owner of the goods, wares, or merchandise to be sold; (2) the name and address of the owner of the defunct business, the former stock in trade of which is to be offered for sale, and the full name of the defunct business; (3) a description of the place where the liquidation sale is to be held; (4) a statement of the beginning and ending dates of the sale; (5) a complete and detailed inventory of the goods, wares, and merchandise to be offered on the beginning date of the sale and the total cost of those items; and. 17.91. May 21, 1973. 380, Sec. 17.953. WebDeceptive trade practices. 17.501. A license issued under this section expires one year after the date of issuance and may be renewed. A finding of one producing cause does not bar recovery if other conduct of the defendant not the subject of a defensive finding under Subdivision (1), (2), or (3) of Subsection (a) of Section 17.506 above was a producing cause of damages of the plaintiff. Damages may not include any damages incurred beyond a point two years prior to the institution of the action by the consumer protection division. 2, eff. (c) The civil penalty provided by this section is in addition to injunctive relief or any other remedy that may be granted under Section 17.903. 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