Aug. 30, 1993; Acts 1995, 74th Leg., ch. (b) A person owning a shopping cart, laundry cart, or container may adopt and use a name or mark on the carts or containers. 603, Sec. 595 (H.B. If you spot price gouging 989), Sec. & C. Code Sec. If damages or civil penalties are assessed against the seller of goods or services for advertisements or promotional material in a suit filed under Section 17.47, 17.48, 17.50, or 17.51 of this subchapter, the seller of the goods or services has a cause of action against a third party for the amount of damages or civil penalties assessed against the seller plus attorneys' fees on a showing that: (1) the seller received the advertisements or promotional material from the third party; (2) the seller's only action with regard to the advertisements or promotional material was to disseminate the material; and. 17.50B and amended by Acts 1987, 70th Leg., ch. 172, Sec. 76, Sec. CUMULATIVE REMEDIES. An act is not considered a violation of this section if: (1) the performing musical group is the authorized registrant and owner of a federal service mark for the recording group that is registered in the United States Patent and Trademark Office; (2) at least one member of the performing musical group is or was a member of the recording group and that member has a legal right to use or operate under the name of the recording group without abandoning the name or affiliation with the recording group; (3) the live musical performance is identified in all advertisements or other promotions for the event as being conducted as a "salute" or "tribute" to the recording group; (4) the advertisement or promotion relates to a live musical performance that is to take place outside of this state; or. WebWright Commercial Litigation represents clients throughout the Dallas-Fort Worth area in claims based on the Texas Deceptive Trade Practices-Consumer Protection Act (), often on a contingency or hybrid fee basis.The DTPA is designed to protect a purchaser from deceptive, unlawful, or unconscionable business practices related to the sale or lease of This article provides information on the Texas Deceptive Trade Practices Act (DTPA). The Act gives consumers a way to sue sellers for false, misleading and deceptive business practices. Special thanks to the Houston Bar Association. This article excerpts from and summarizes the Deceptive Trade Practices Act section of the Consumer Law Handbook. 1.002, eff. 1973 A DTPA claim does not require that the____________prove the _____________ acted knowingly or intentionally. INJUNCTION; RESTITUTION. The permit is valid for 120 days after the day that it is issued and is not renewable. 1, eff. A consumer aggrieved by a violation of this chapter may maintain a cause of action for damages in accordance with Section 17.50 of this code. (5) "State seal" means the state seal, the reverse of the state seal, and the state arms as defined by Sections 3101.001 and 3101.002, Government Code. Amended by Acts 1979, 66th Leg., p. 1327, ch. 2140), Sec. (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. (d) Each consumer who prevails shall be awarded court costs and reasonable and necessary attorneys' fees. If you have been misled or deceived in a commercial transaction, the Texas consumer fraud attorneys at Tauler Smith LLP can help you file a DTPA claim. A person may not: (1) sell or offer for sale a product represented to be authentic Indian arts and crafts unless the product is in fact authentic Indian arts and crafts; (2) sell or offer for sale any authentic Indian arts and crafts or nonauthentic Indian arts and crafts represented to be made of silver unless the product is made of coin silver or sterling silver; (3) sell or offer for sale a product that is nonauthentic Indian arts and crafts unless the product is clearly labeled as to any characteristics that make it nonauthentic; (4) sell or offer for sale any turquoise, mounted or unmounted, without a disclosure of the true nature of the turquoise; or. (b) The total amount of penalties that may be imposed under Subsection (a) may not exceed $2,000 for donated items sold during a single transaction. (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. (17) "Building materials" includes lumber, windows, and other materials used in the construction or repair of improvements to real property. When an action is pending in Travis County on the consent of the parties a subpoena may be issued for any witness or witnesses who may be represented to reside within 100 miles of the courthouse of a county in which the suit could otherwise have been brought or who may be found within such distance at the time of the trial. Such prior contact shall not be required if, in the opinion of the consumer protection division, there is good cause to believe that such person would evade service of process if prior contact were made or that such person would destroy relevant records if prior contact were made, or that such an emergency exists that immediate and irreparable injury, loss, or damage would occur as a result of such delay in obtaining a temporary restraining order. (B) has a legal right to use or operate under the group's name without abandoning the name or affiliation with the group. A person against whom an action has been brought under this subchapter may seek contribution or indemnity from one who, under the statute law or at common law, may have liability for the damaging event of which the consumer complains. Added by Acts 1973, 63rd Leg., p. 322, ch. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 2, 3, eff. (11) "Economic damages" means compensatory damages for pecuniary loss, including costs of repair and replacement. 17.47. (c) The consumer protection division may not bring an action under Section 17.47 for an act or practice described by Subsection (b) if the price alleged to be unconscionable is less than 200 percent of the average charge for the same or substantially similar care provided to other individuals by emergency rooms of hospitals located in the same county or nearest county in which the emergency facility is located, as applicable, according to data collected by the Department of State Health Services under Chapter 108, Health and Safety Code, and made available to the division, except as provided by Subsection (d). Added by Acts 1973, 63rd Leg., p. 322, ch. Aug. 27, 1979; Acts 1987, 70th Leg., ch. (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. 1, eff. (4) remove, obliterate, or alter a serial number, name, or mark affixed to a shopping cart or laundry cart. Unfair and deceptive trade names; use of term "wholesale" in advertising. 7, eff. 603, Sec. (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. Added by Acts 1995, 74th Leg., ch. 8.01, eff. (a) This section applies only to an act described by Section 17.46(b)(31). 54), Sec. (3) breaking, damaging, or destroying a full or empty reusable container is prima facie evidence of his violating a provision of Subsection (b) of this section. REQUIRED DISCLOSURE FOR COLLECTIONS THROUGH PUBLIC RECEPTACLE. (3) the seller has ceased disseminating the material. Sept. 1, 1987. (B) provided on the Internet website or in a print advertisement routinely is forwarded or transferred to a location that is outside the calling area of the geographical area as indicated by the name of the business. Financial interest as used in this section relates to an expectation which would be the direct result of such advertisement. (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. 17.44. The Colorado Consumer Protection Act (PDF) identifies certain business practices that are considered deceptive, outlining civil and criminal penalties for violations and related trade regulations. 8, eff. May 21, 1973. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Sec. (a) To conduct a going out of business sale, a person must file an original inventory with the chief appraiser of the appraisal district in which the person's principal place of business in the state is located. 1, eff. (2) the amount of damages found by the trier of fact. 1082, Sec. 17.822. 17.903. Sec. 414, Sec. Since the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 and pursuant to the Credit Card Accountability Responsibility and Disclosure Act of 2009, the CFPB has submitted a report to WebWe protect Texas consumers by accepting complaints, filing civil cases in the public interest and educating Texans on how to spot and avoid possible scams. Sept. 1, 2001. Sept. 1, 1985. 17.883. DEFINITIONS. Sept. 1, 1987; Acts 1989, 71st Leg., ch. The secretary of state may bring a civil action to enjoin a violation of this section or the rules adopted under this section. (9) "Knowingly" means actual awareness, at the time of the act or practice complained of, of the falsity, deception, or unfairness of the act or practice giving rise to the consumer's claim or, in an action brought under Subdivision (2) of Subsection (a) of Section 17.50, actual awareness of the act, practice, condition, defect, or failure constituting the breach of warranty, but actual awareness may be inferred where objective manifestations indicate that a person acted with actual awareness. (b) Chapter 27, Property Code, prevails over this subchapter to the extent of any conflict. An offense under this subchapter is punishable by the fine imposed for an offense under Section 17.12(d). Amended by Acts 1977, 65th Leg., p. 604, ch. Provided, however, the consumer protection division shall, at least seven days prior to instituting such court action, contact such person to inform him in general of the alleged unlawful conduct. (3) the consumer is represented by legal counsel in seeking or acquiring the goods or services. (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. 1, eff. 1941), Sec. (B) the 10th day before the date of any hearing on class certification or a proposed settlement. 1, eff. 242, Sec. SALE OF NONHALAL FOOD. (8) "Poultry box" means a permanent type of container that is used by a processor, distributor, retailer, or food service establishment or an agent of one of those persons to transport, store, or carry poultry. This subchapter may not be construed to: (1) limit rights and remedies available to the state or another person under any other law; (2) alter or restrict the attorney general's authority under other law with regard to conduct involving claims of patent infringement; or. 1, eff. 143, Sec. Renumbered from Bus. 216, Sec. During the 60-day period a written request to inspect, in a reasonable manner and at a reasonable time and place, the goods that are the subject of the consumer's action or claim may be presented to the consumer. Amended by Acts 1977, 65th Leg., p. 601, ch. 17.91. (i) This section does not apply to the owner of a shopping cart, laundry cart, or container or to a customer or any other person who has written consent from the owner of a shopping cart, laundry cart, or container or from a retailer in lawful possession of the cart or container to remove it from the premises or the parking area of the retail establishment. 17.826. 8, eff. SALE OF NONKOSHER FOOD. In determining whether or not an injunction has been violated the court shall take into consideration the maintenance of procedures reasonably adapted to insure compliance with the injunction. June 1, 2002; Acts 2003, 78th Leg., ch. May 21, 1973. 17.924. 291, Sec. (b) To qualify as a repurchase agreement for the purposes of Subsection (a)(2)(B), an agreement must be an enforceable agreement by the seller to repurchase, on written request of the purchaser and not later than the first anniversary of the purchaser's date of purchase, all unencumbered products that are in an unused, commercially resalable condition at a price not less than 90 percent of the amount actually paid by the purchaser for the products being returned, less any consideration received by the purchaser for purchase of the products being returned. Amended by Acts 1981, 67th Leg., p. 863, ch. 17.902. May 21, 1973. Sec. 4, eff. 5.02(5), eff. (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. (b) Subject to Subsection (e) and except as otherwise provided by this section, an act to which this section applies is subject to action by a district or county attorney under Sections 17.47, 17.58, 17.60, and 17.61 to the same extent as the act is subject to action by the consumer protection division under those sections. 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. The consumer protection division shall file its motion for intervention with the court before which the action is pending and serve a copy of the motion on each party to the action. Sept. 1, 1989; Acts 1995, 74th Leg., ch. This Assistant Attorney General I-IV positionrsquo;s work involves representing the Statersquo;s interest in deceptive trade practices and other civil matters; reviewing, evaluating, and rendering legal opinions; preparing cases for trial and assisting in drafting bills for legislative consideration. (B) relied on by a consumer to the consumer's detriment; (2) breach of an express or implied warranty; (3) any unconscionable action or course of action by any person; or. As a prerequisite to filing a suit seeking damages under this Act, the consumer must send a (2) "For-profit entity" has the meaning assigned by Section 1.002, Business Organizations Code. Sec. The term does not include payment based on sale of a product to a person, including a participant, who purchases the product for actual use or consumption. 291, Sec. Acts 2007, 80th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. (8) "Natural turquoise" means turquoise, exclusive of any backing material, the composition of which has not been chemically or otherwise altered. 1, eff. (e) A person who violates a provision of Subsection (b) of this section is guilty of a misdemeanor and upon conviction is punishable by, (1) a fine of not less than $25 nor more than $50 for each violation concerning a drink-dispensing fountain; or. Added by Acts 2017, 85th Leg., R.S., Ch. Acts 1967, 60th Leg., p. 2343, ch. 388, Sec. September 1, 2009. (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) must state: (c) If any of the proceeds from the sale of the donated items will be given to a charitable organization, the disclosure required by Subsection (a) must state: "DONATIONS TO (NAME OF FOR-PROFIT ENTITY OR INDIVIDUAL) WILL BE SOLD FOR PROFIT AND _______ PERCENT (INSERT PERCENTAGE) OF ALL PROCEEDS WILL BE DONATED TO (NAME OF CHARITABLE ORGANIZATION).". 1276, Sec. Aug. 28, 1989. 189 (S.B. Sept. 1, 2001. The office of the attorney general shall prescribe reasonable terms and conditions allowing the documentary material to be available for inspection and copying by the person who produced the material or any duly authorized representative of that person. Bus. Added by Acts 1973, 63rd Leg., p. 322, ch. 17.92. (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. (c) If any 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 TO (NAME OF FOR-PROFIT ENTITY OR INDIVIDUAL) AND WILL BE SOLD FOR PROFIT. (e) A person may not remove a container from the premises, parking area, or any other area of a processor, distributor, or retail establishment or from a delivery vehicle unless the person is legally authorized to do so, if: (1) the container is marked on at least one side with a name or mark; and. Sept. 1, 2003. (g) Chapter 41, Civil Practice and Remedies Code, does not apply to a cause of action brought under this subchapter. 759 (H.B. (d) In an action in which the ownership of a reusable container is in issue, a person's proprietary mark on the container is prima facie evidence that the person or his licensee owns the container. 2065), Sec. 1265), Sec. 8(a), eff. The underlying purpose of the statute is to protect consumers against false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty in an economical and efficient manner. A violation of a provision of law other than this subchapter is not in and of itself a violation of this subchapter. September 1, 2011. (a) Any waiver by a consumer of the provisions of this subchapter is contrary to public policy and is unenforceable and void; provided, however, that a waiver is valid and enforceable if: (1) the waiver is in writing and is signed by the consumer; (2) the consumer is not in a significantly disparate bargaining position; and. Sec. 967 (S.B. 117, Sec. (9) "Shopping cart" means a basket that is mounted on wheels, or a similar device, generally used in a retail establishment by a customer to transport goods of any kind. Renumbered from Sec. Sept. 1, 2003. The original inventory must be accompanied by a filing fee of $20. (2) the expenses, including attorneys' fees, if any, reasonably incurred by the consumer in asserting the claim against the defendant. (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. SUBCHAPTER G. LABELING, ADVERTISING, AND SALE OF KOSHER FOODS. For the purpose of the recovery of damages for a cause of action described by this subsection only, a reference in this subchapter to economic damages means actual damages. 759 (H.B. Among the most 4.001(a), eff. (a) Each person selling or offering for sale authentic or nonauthentic Indian arts and crafts shall request the suppliers of those arts and crafts to disclose the methods used in producing those arts and crafts and to determine whether those arts and crafts are in fact authentic Indian arts and crafts. (k) An offer of settlement is not an admission of engaging in an unlawful act or practice or liability under this subchapter. 143, Sec. 17.555. & Com. 1, eff. (1) possession of a full or empty reusable container without the owner's permission is prima facie evidence of his violating a provision of Subsection (b) of this section; (2) use, purchase, sale, or other disposition of a full or empty reusable container without the owner's permission is prima facie evidence of his violating a provision of Subsection (b) of this section; and. (f) A court may not award prejudgment interest applicable to: (1) damages for future loss under this subchapter; or. Sept. 1, 1995. In this subchapter: (1) "Performing musical group" means a vocal or instrumental group seeking to engage in a live musical performance. The Consumer Protection Division works to protect Texas consumers and the legitimate business and charitable nonprofit communities by investigating breaches of Sec. (c) Without the owner's written consent, no person may, (1) deface or remove an owner's proprietary mark from a dairy container; or. The DTPA and Warranty Law: An Overview the consumer was under the DTPAs two-year limitations period. 467 (H.B. 1090 (H.B. Acts 2019, 86th Leg., R.S., Ch. ; violation of Floridas Deceptive and Unfair Trade Practices Act, F.S.A. 216, Sec. This subchapter may be cited as the Deceptive Trade Practices-Consumer Protection Act. (a) Any person who, with intent to avoid, evade, or prevent compliance, in whole or in part, with Section 17.60 or 17.61 of this subchapter, removes from any place, conceals, withholds, or destroys, mutilates, alters, or by any other means falsifies any documentary material or merchandise or sample of merchandise is guilty of a misdemeanor and on conviction is punishable by a fine of not more than $5,000 or by confinement in the county jail for not more than one year, or both. 4, eff. (5) "Retail store" means a retail grocery store, delicatessen, butcher shop, or other place where food is sold for off-premises consumption. (a) False, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful and are subject to action by the consumer protection division under Sections 17.47, 17.58, VOLUNTARY COMPLIANCE. The Texas Deceptive Trade Practices Consumer Protection Act. 1, eff. 724, Sec. Aug. 26, 1985; Acts 1989, 71st Leg., ch. Sec. 1152), Sec. DECEPTIVE ADVERTISING. 967 (S.B. Sept. 1, 1967. 17.954. REQUIRED DISCLOSURES FOR MAIL SOLICITATIONS. (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. 603, Sec. Web(a) In debt collection, a debt collector may not use threats, coercion, or attempts to coerce that employ any of the following practices: (1) using or threatening to use violence or other PENALTY. Amended by Acts 1989, 71st Leg., ch. Sec. 2018), Sec. 17.852. (b) The court shall abate the action for 60 days if the court finds that notice was not provided to the consumer protection division as required by Subsection (a). DISPOSITION OF SALE ITEMS. After consultation with an attorney of my own selection, I voluntarily consent to this waiver.". ____ PERCENT (INSERT PERCENTAGE) OF ALL PROCEEDS WILL BE DONATED TO (NAME OF CHARITABLE ORGANIZATION).". (a) In this section: (1) "Compensation" means payment of money, a financial benefit, or another thing of value. Sept. 1, 2001. 1080 (H.B. 414, Sec. (g) In determining the amount of penalty imposed under Subsection (c), the trier of fact shall consider: (1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of any prohibited act or practice; (3) the amount necessary to deter future violations; (4) the economic effect on the person against whom the penalty is to be assessed; (5) knowledge of the illegality of the act or practice; and. 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. (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. Not later than the fifth business day after the date on which a person files an original inventory under Section 17.83, the chief appraiser shall send notice of the filing to the comptroller, the county clerk of the county in which the person's principal place of business in the state is located, and the tax collector for each of the taxing units that tax the property described in the original inventory. (3) an order requiring restitution to a victim for legal and professional expenses related to the violation. The court may not revoke or suspend a license to do business in this state or appoint a receiver to take over the affairs of a person who has failed to satisfy a judgment if the person is a licensee of or regulated by a state agency which has statutory authority to revoke or suspend a license or to appoint a receiver or trustee. POST JUDGMENT RELIEF. (2) demands or charges an unconscionable price for or in connection with emergency care or other care at the facility. 1, eff. Added by Acts 1985, 69th Leg., ch. Section 1395 et seq. Sept. 1, 1985. 411 (S.B. SUBCHAPTER J. (b) Notwithstanding any other provision of this subchapter, Section 17.46(b)(27) applies only to an act described by that subdivision that occurs during a designated disaster period in this state. Added by Acts 1985, 69th Leg., ch. 603, Sec. Sec. Further, consistent with Section 17.48(b) of this subchapter, the consumer protection division shall, upon request and to the extent it has the resources available, provide assistance to a district or county attorney in any action taken under this subchapter. However, unless an assurance has been rescinded by agreement of the parties or voided by a court for good cause, subsequent failure to comply with the terms of an assurance is prima facie evidence of a violation of this subchapter. (5) the live musical performance is expressly authorized by each member of the recording group. The Deceptive Trade Practices Act (DTPA) gives Texas consumers the right to file a lawsuit and pursue damages when they have been victimized by a scammer or fraudulent business. 17.821. May 21, 1973. This law lists many practices that are false, February 23, 2023 - State attorneys general continue to be active in investigating and enforcing state laws regulating commercial activity. GENERAL DESCRIPTION. 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