September 1, 2015. 324 (S.B. DEFINITIONS. Amended by Acts 2001, 77th Leg., ch. (h) A person who violates Section 17.46(b)(26) is jointly and severally liable under that subdivision for actual damages, court costs, and attorney's fees. Added by Acts 1989, 71st Leg., ch. Sec. 1, eff. Added by Acts 1985, 69th Leg., ch. Aug. 28, 1995. In this chapter, unless the context requires a different definition, (1) "container" includes bale, barrel, bottle, box, cask, keg, and package; and. Section 1395 et seq. 4, eff. (3) an unconscionable action or course of action that cannot be characterized as advice, judgment, or opinion. (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. Text of section as amended by Acts 1995, 74th Leg., ch. OFFERS OF SETTLEMENT. 6, eff. (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. Sec. (6) a complete and detailed list of the goods, wares, and merchandise to be added to the inventory after the beginning date of the sale and the total cost of those items. (b) Subject to the provisions of Subsection (a) of this section, a prevailing party may move that the defendant show cause why a receiver should not be appointed. 1, eff. As used in this subchapter: (1) "Goods" means tangible chattels or real property purchased or leased for use. In this subchapter: (1) "American Indian" or "Indian" means an individual who is an enrolled member of a federally or state recognized American Indian tribe, band, nation, rancheria, or pueblo or who is an Alaska Native and a member of an Alaska Native village or regional or village corporation as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. SHORT TITLE. Sec. 17.55. Sec. 17.81. Sec. Bus. (b) A communication is a bad faith claim of patent infringement if the communication includes a claim that the end user or a person affiliated with the end user has infringed a patent and is liable for that infringement and: (1) the communication falsely states that the sender has filed a lawsuit in connection with the claim; (2) the claim is objectively baseless because: (A) the sender or a person the sender represents does not have a current right to license the patent to or enforce the patent against the end user; (B) the patent has been held invalid or unenforceable in a final judgment or administrative decision; or, (C) the infringing activity alleged in the communication occurred after the patent expired; or. 17.881. 3, eff. (d) A person's commonly used proprietary mark on a dairy container is prima facie evidence of that person's ownership of the container. (a) In this section, "designated disaster period" means the period: (i) the proclamation or executive order of the governor declaring the disaster; or, (ii) the declaration of the disaster by the president of the United States, if any part of this state is named in the federally declared disaster area; and. 17.60. A sale inventory must list items offered on the beginning date of the sale separately from the items added to the sale inventory after that date. Sec. CIVIL REMEDY. 17.823. WebThe Texas Deceptive Trade Practices Consumer Protection Act (DTPA) is Texas's primary consumer protection statute. (f) A person licensed under this section shall maintain records relating to the licensee's use of the state seal in the manner required by the rules of the secretary of state. May 21, 1973. Sec. WebThe Consumer Protection Division works to protect Texas consumers and the legitimate business and charitable nonprofit communities by investigating breaches of fiduciary 1.001, eff. 143, Sec. (d) If the for-profit entity or individual pays to a charitable organization a flat fee that is not contingent on the proceeds generated from the sale of the donated items and the for-profit entity or individual retains a percentage of the proceeds from the sale, the disclosure required by Subsection (a) must state: Sec. 967 (S.B. 4, eff. CONSUMER PROTECTION DIVISION PARTICIPATION IN CLASS ACTION. Added by Acts 1973, 63rd Leg., p. 322, ch. 172, Sec. (2) a notice to the public, warning that unauthorized use by a person other than the owner is punishable by law, is visibly displayed on the container. Sept. 1, 1989. (a) No person may disseminate a statement he knows materially misrepresents the cost or character of tangible personal property, a security, service, or anything he may offer for the purpose of, (1) selling, contracting to sell, otherwise disposing of, or contracting to dispose of the tangible personal property, security, service, or anything he may offer; or. (a) Nothing in this subchapter shall apply to the owner or employees of a regularly published newspaper, magazine, or telephone directory, or broadcast station, or billboard, wherein any advertisement in violation of this subchapter is published or disseminated, unless it is established that the owner or employees of the advertising medium have knowledge of the false, deceptive, or misleading acts or practices declared to be unlawful by this subchapter, or had a direct or substantial financial interest in the sale or distribution of the unlawfully advertised good or service. (i) A person who violates a provision of Subsection (b) of this section commits an offense. CRIMINAL PENALTY. INQUIRY AS TO PRODUCER. 1, eff. Aug. 29, 1983; Acts 1987, 70th Leg., ch. (b) No person may wilfully misrepresent the nature of his business by using in selling or advertising the word manufacturer, wholesaler, retailer, or other word of similar meaning. 5, eff. Deceptive Wholesale and Going-out-of-business Advertising 17.12. (2) the amount of damages found by the trier of fact. 143, Sec. (b) If a person fails to comply with a directive of the consumer protection division under Section 17.60 of this subchapter or with a civil investigative demand for documentary material served on him under Section 17.61 of this subchapter, or if satisfactory copying or reproduction of the material cannot be done and the person refuses to surrender the material, the consumer protection division may file in the district court in the county in which the person resides, is found, or transacts business, and serve on the person, a petition for an order of the court for enforcement of Sections 17.60 and 17.61 of this subchapter. (7) "Parking area" means a lot or other property provided by a retail establishment for the use of customers to park automobiles or other vehicles while doing business in that establishment. As a prerequisite to filing a suit seeking damages under this Act, the consumer must send a 37166 Satisfied customers. WebHE Texas Deceptive Trade Practices-Consumer Protection Act ("DTPA")' was enacted in 1973 "to protect consumers against false, misleading and deceptive business practices, (e) A person who violates a provision of Subsection (b) or (c) of this section is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $10 nor more than $100. After consultation with an attorney of my own selection, I voluntarily consent to this waiver.". 1, eff. (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. 1, eff. This exemption does not apply to: (1) an express misrepresentation of a material fact that cannot be characterized as advice, judgment, or opinion; (2) a failure to disclose information in violation of Section 17.46(b)(24); (3) an unconscionable action or course of action that cannot be characterized as advice, judgment, or opinion; (4) breach of an express warranty that cannot be characterized as advice, judgment, or opinion; or. CIVIL PENALTY. Sec. Amended by Acts 1977, 65th Leg., p. 601, ch. 2065), Sec. ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTION AND CIVIL PENALTY. 564, Sec. September 1, 2007. The secretary of state shall adopt the rules in the manner provided by Chapter 2001, Government Code. 1229, Sec. An action brought under this subchapter may be brought: (1) in any county in which venue is proper under Chapter 15, Civil Practice and Remedies Code; or. 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. (3) in substantially the following form: "I waive my rights under the Deceptive Trade Practices-Consumer Protection Act, Section 17.41 et seq., Business & Commerce Code, a law that gives consumers special rights and protections. Code 17.41 et seq., protects consumers against false, misleading, or deceptive trade practices, including PENALTY. Amended by Acts 1989, 71st Leg., ch. WebThe Texas Deceptive Trade Practices Act (DTPA) is Texas's leading consumer protection legislation. The full text can be found starting at section 17.41 of the Texas Business and Commerce Code. Acts 2007, 80th Leg., R.S., Ch. UNLAWFUL ACTS. A product that is no longer marketed by the seller is considered resalable if the product is otherwise in an unused, commercially resalable condition and is returned to the seller not later than the first anniversary of the purchaser's date of purchase, except that the product is not considered resalable if before the purchaser purchased the product it was clearly disclosed to the purchaser that the product was sold as a nonreturnable, discontinued, seasonal, or special promotion item. 380, Sec. ; violation of Floridas Deceptive and Unfair Trade Practices Act, F.S.A. (5) the live musical performance is expressly authorized by each member of the recording group. 2, eff. UNCONSCIONABLE PRICE FOR CARE AT EMERGENCY FACILITY. ____ PERCENT (INSERT PERCENTAGE) OF ALL PROCEEDS WILL BE DONATED TO (NAME OF CHARITABLE ORGANIZATION).". 1082, Sec. (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. Web17.41. (b) An action brought under Subsection (a) of this section which alleges a claim to relief under this section may be commenced in the district court of the county in which the person against whom it is brought resides, has his principal place of business, has done business, or in the district court of the county where the transaction occurred, or, on the consent of the parties, in a district court of Travis County. (b) A person commits an offense if the person is required to label meat in accordance with this section and the person knowingly sells meat that is not labeled as provided in this section. A person commits an offense if the person knowingly or intentionally sells at a restaurant or a retail store a food product that is represented as halal food and is not halal food and the person either knows the food is not halal food or was reckless about determining whether or not the food is halal food. (c) A person may use a representation of the state seal for a commercial purpose if the person obtains a license from the secretary of state for that use. DEFINITIONS. Added by Acts 1995, 74th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. Sec. (b) If none of the proceeds from the sale of the donated items will be given to a charitable organization, the disclosure required by Subsection (a)(4) must state: "DONATIONS ARE NOT FOR CHARITABLE ORGANIZATIONS AND WILL BE SOLD FOR PROFIT.". Acts 1967, 60th Leg., p. 2343, ch. DISPOSITION OF SALE ITEMS. (c) In a suit where a defense is asserted under Subdivision (2) of Subsection (a) of Section 17.506 above, suit may be asserted against the third party supplying the written information without regard to privity where the third party knew or should have reasonably foreseen that the information would be provided to a consumer; provided no double recovery may result. 143, Sec. 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. 603, Sec. 17.44. (b) The acceptance of an assurance of voluntary compliance may be conditioned on the stipulation that the person in violation of this subchapter restore to any person in interest any money or property, real or personal, which may have been acquired by means of acts or practices which violate this subchapter. Acts 2005, 79th Leg., Ch. 776), Sec. 1, eff. The Act gives consumers a way to sue (d) The attorney general or the prosecuting attorney in the county in which the violation occurs may bring an action to recover the civil penalty imposed under this section. 17.87. (d) A person who violates a provision of Subsection (b) or (c) of this section is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $100 nor more than $500. (i) Nothing in this subchapter shall apply to a claim against a person licensed as a broker or salesperson under Chapter 1101, Occupations Code, arising from an act or omission by the person while acting as a broker or salesperson. (4) any other relief which the court deems proper, including the appointment of a receiver or the revocation of a license or certificate authorizing a person to engage in business in this state if the judgment has not been satisfied within three months of the date of the final judgment. 17.851. Sec. Sept. 1, 1995. (c) No person may wilfully misrepresent the ownership of a business for the purpose of holding a liquidation sale, auction sale, or other sale which represents that the business is going out of business. The secretary of state may examine the records during reasonable business hours to determine the licensee's compliance with this section. Sec. June 1, 2002; Acts 2003, 78th Leg., ch. 5, eff. Last Updated on December 12, 2022 This article provides information on the Texas Deceptive Trade Practices Act (DTPA). (c) In addition to the request for a temporary restraining order, or permanent injunction in a proceeding brought under Subsection (a) of this section, the consumer protection division may request, and the trier of fact may award, a civil penalty to be paid to the state in an amount of: (1) not more than $10,000 per violation; and. 216, Sec. Sec. Acts 2007, 80th Leg., R.S., Ch. September 1, 2007. 17.46. The DTPA empowers consumers and businesses to pursue legal action against deceptive companies and individuals as a consumer protection statute. While consumers in Texas are encouraged to be mindful of their financial and commercial activity, many consumers are unaware of the nuances of the DTPA. (e) Unless both parts of an offer of settlement required under Subsection (d) are accepted by the consumer not later than the 30th day after the date the offer is made, the offer is rejected. 17.84. 727 East Dean Keeton St. Austin, Texas 78705 (512) 471-5151. Sec. 414, Sec. 17.462. 989), Sec. Aug. 28, 1989. (C) the discount is not false, misleading, or deceptive; (19) using or employing a chain referral sales plan in connection with the sale or offer to sell of goods, merchandise, or anything of value, which uses the sales technique, plan, arrangement, or agreement in which the buyer or prospective buyer is offered the opportunity to purchase merchandise or goods and in connection with the purchase receives the seller's promise or representation that the buyer shall have the right to receive compensation or consideration in any form for furnishing to the seller the names of other prospective buyers if receipt of the compensation or consideration is contingent upon the occurrence of an event subsequent to the time the buyer purchases the merchandise or goods; (20) representing that a guaranty or warranty confers or involves rights or remedies which it does not have or involve, provided, however, that nothing in this subchapter shall be construed to expand the implied warranty of merchantability as defined in Sections 2.314 through 2.318 and Sections 2A.212 through 2A.216 to involve obligations in excess of those which are appropriate to the goods; (21) promoting a pyramid promotional scheme, as defined by Section 17.461; (22) representing that work or services have been performed on, or parts replaced in, goods when the work or services were not performed or the parts replaced; (23) filing suit founded upon a written contractual obligation of and signed by the defendant to pay money arising out of or based on a consumer transaction for goods, services, loans, or extensions of credit intended primarily for personal, family, household, or agricultural use in any county other than in the county in which the defendant resides at the time of the commencement of the action or in the county in which the defendant in fact signed the contract; provided, however, that a violation of this subsection shall not occur where it is shown by the person filing such suit that the person neither knew or had reason to know that the county in which such suit was filed was neither the county in which the defendant resides at the commencement of the suit nor the county in which the defendant in fact signed the contract; (24) failing to disclose information concerning goods or services which was known at the time of the transaction if such failure to disclose such information was intended to induce the consumer into a transaction into which the consumer would not have entered had the information been disclosed; (25) using the term "corporation," "incorporated," or an abbreviation of either of those terms in the name of a business entity that is not incorporated under the laws of this state or another jurisdiction; (26) selling, offering to sell, or illegally promoting an annuity contract under Chapter 22, Acts of the 57th Legislature, 3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil Statutes), with the intent that the annuity contract will be the subject of a salary reduction agreement, as defined by that Act, if the annuity contract is not an eligible qualified investment under that Act; (27) subject to Section 17.4625, taking advantage of a disaster declared by the governor under Chapter 418, Government Code, or by the president of the United States by: (A) selling or leasing fuel, food, medicine, lodging, building materials, construction tools, or another necessity at an exorbitant or excessive price; or. 1983 ; Acts 1987, 70th Leg., ch against false, misleading or! 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