17.501. (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. (3) the seller has ceased disseminating the material. 5, eff. 17.62. PYRAMID PROMOTIONAL SCHEME. FINAL INVENTORY. Acts 2019, 86th Leg., R.S., Ch. 11.102, eff. 595 (H.B. 5, eff. 17.30. Added by Acts 1977, 65th Leg., p. 604, ch. Acts 2019, 86th Leg., R.S., Ch. (c) The order appointing a receiver must clearly state whether the receiver will have general power to manage and operate the defendant's business or have power to manage only a defendant's finances. VENUE. Sec. 8, eff. (a) Whenever the consumer protection division has reason to believe that any person is engaging in, has engaged in, or is about to engage in any act or practice declared to be unlawful by this subchapter, and that proceedings would be in the public interest, the division may bring an action in the name of the state against the person to restrain by temporary restraining order, temporary injunction, or permanent injunction the use of such method, act, or practice. 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. 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. (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. Added by Acts 2007, 80th Leg., R.S., Ch. 414, Sec. September 1, 2017. 2065), Sec. Sept. 1, 1987. Within 30 days after the day that the going out of business sale ends, the permit holder shall file with the chief appraiser a final inventory. The Texas Deceptive Trade Practices Act (DTPA), Tex. 1, eff. (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. Aug. 31, 1981; Acts 1983, 68th Leg., p. 4943, ch. (c) When a petition is filed in the district court in any county under this section, the court shall have jurisdiction to hear and determine the matter presented and to enter any order required to carry into effect the provisions of Sections 17.60 and 17.61 of this subchapter. Sept. 1, 1985. 1152), Sec. Sec. POST JUDGMENT RELIEF. (f) No documentary material produced pursuant to a demand under this section, unless otherwise ordered by a court for good cause shown, shall be produced for inspection or copying by, nor shall its contents be disclosed to any person other than the authorized employee of the office of the attorney general without the consent of the person who produced the material. Amended by Acts 2001, 77th Leg., ch. SALE OF NONKOSHER FOOD. (a) A for-profit entity or individual who makes, or directs another person to make, a telephone or door-to-door solicitation requesting that the person solicited donate clothing or household goods may not subsequently sell the donated items unless the solicitor provides to each person solicited, before accepting a donation from the person, the appropriate disclaimer prescribed by this section. 411 (S.B. Web74 Journal of Texas Consumer Law 2005 I. Amended by Acts 1995, 74th Leg., ch. Section 1395 et seq. Added by Acts 1973, 63rd Leg., p. 322, ch. Added by Acts 2003, 78th Leg., ch. 17.44. 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. 143, Sec. September 1, 2017. (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. Acts 2007, 80th Leg., R.S., Ch. 1047), Sec. INJUNCTION; RESTITUTION. (b) Chapter 27, Property Code, prevails over this subchapter to the extent of any conflict. 7, eff. September 1, 2005. 17.41. (2) the amount of damages found by the trier of fact. Added by Acts 1985, 69th Leg., ch. 1, eff. DEFINITIONS. Added by Acts 2017, 85th Leg., R.S., Ch. 463, Sec. The Deceptive Trade Practices Act (sec. 759 (H.B. SUBCHAPTER E. DECEPTIVE TRADE PRACTICES AND CONSUMER PROTECTION. (2) substitute on a dairy container his proprietary mark for that of the owner. Aug. 26, 1985; Acts 1989, 71st Leg., ch. (g) The requiring, taking, or accepting of a deposit on delivery of a container, shopping cart, or laundry cart is not considered a sale of the container or cart. (13) "Intentionally" means actual awareness of the falsity, deception, or unfairness of the act or practice, or the condition, defect, or failure constituting a breach of warranty giving rise to the consumer's claim, coupled with the specific intent that the consumer act in detrimental reliance on the falsity or deception or in detrimental ignorance of the unfairness. DECEPTIVE WHOLESALE AND GOING-OUT-OF-BUSINESS ADVERTISING. Acts 1967, 60th Leg., p. 2343, ch. 17.852. (c) Each day of violation constitutes a separate offense. Sec. 37166 Satisfied customers. 1, eff. PENALTY. 1, eff. The Texas Deceptive Trade Practices Consumer Protection Act. (h) A person who reproduces an official document bearing the state seal does not violate Subsection (b) of this section if the document is: (2) used for a purpose related to the purpose for which the document was issued by the state. Sec. 1082, Sec. Subject to Chapter 41, Civil Practice and Remedies Code, exemplary damages may be awarded in the event of fraud or malice. (e) A district or county attorney may act under this section so long as the consumer protection division does not intend to act with respect to that matter. Aug. 27, 1979; Acts 1987, 70th Leg., ch. (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. 1, eff. (4) contains the appropriate disclosure prescribed by this section in English and Spanish. 724, Sec. psilberman November 15, 2021. (e) Except as specifically provided by Subsections (b) and (h), Section 17.50, nothing in this subchapter shall apply to a cause of action for bodily injury or death or for the infliction of mental anguish. (2) wilfully refuse to return on request to the owner a dairy container bearing his commonly used proprietary mark. Sept. 1, 1995. (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. 17.46. September 1, 2007. Sec. 291, Sec. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 1, eff. 1, eff. 17.45. Sec. 414, Sec. 216, Sec. 360, Sec. Amended by Acts 1979, 66th Leg., p. 1327, ch. 216, Sec. 17.47. 411 (S.B. Acts 2017, 85th Leg., R.S., Ch. (17) "Building materials" includes lumber, windows, and other materials used in the construction or repair of improvements to real property. (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. 17.50B and amended by Acts 1987, 70th Leg., ch. (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. Added by Acts 1979, 66th Leg., p. 1332, ch. 2018), Sec. (4) the use or employment by any person of an act or practice in violation of Chapter 541, Insurance Code. 138, Sec. Sec. Sec. UNAUTHORIZED ADVERTISEMENT, PROMOTION, OR CONDUCTION OF CERTAIN LIVE MUSICAL PERFORMANCES. WebTexas Deceptive Trade Practices-Consumer Protection Act What Is The "Deceptive Trade Practices Act" The Texas Deceptive Trade Practices-Consumer Protection Act (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. (2) additional damages under Subsection (b). 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. ; negligence; fraud/fraudulent concealment; unjust enrichment; violation of the Illinois Consumer Fraud and 17.83. (6) "Pyramid promotional scheme" means a plan or operation by which a person gives consideration for the opportunity to receive compensation that is derived primarily from a person's introduction of other persons to participate in the plan or operation rather than from the sale of a product by a person introduced into the plan or operation. 17.85. If Subsection (h) does not apply, the court shall award attorneys' fees as provided by Section 17.50(d). An offense under this section is a Class C misdemeanor. 603, Sec. 17.825. (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. (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. This e-book provides important information, forms, and checklists for those involved in a DTPA lawsuit. May 21, 1973. (b) The court shall, not later than the 30th day after the date a motion under this section is filed, sign an order setting the time and place of the mediation. (1) fill the container for sale or other commercial purpose; (2) deface, cover up, or remove the proprietary mark from the container; or. People who are injured by a violation of this law may recover damages, possible treble damages, as well (d) In an action brought under Section 17.50 of this subchapter, it is a defense to a cause of action if the defendant proves that he received notice from the consumer advising the defendant of the nature of the consumer's specific complaint and of the amount of economic damages, damages for mental anguish, and expenses, including attorneys' fees, if any, reasonably incurred by the consumer in asserting the claim against the defendant, and that within 30 days after the day on which the defendant received the notice the defendant tendered to the consumer: (1) the amount of economic damages and damages for mental anguish claimed; and. 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 criminal means to cause harm to a person or property of a person; (2) accusing falsely or threatening to accuse falsely a person of fraud or any other crime; Sept. 1, 2003. (4) remove, obliterate, or alter a serial number, name, or mark affixed to a shopping cart or laundry cart. 45(a)(1)]. (2) "Label" means a display of written, printed, or graphic matter on the immediate article or container of any food product. (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. 26, eff. 45(a)(1)]. Costs and fees of such receivership or other relief shall be assessed against the defendant. At a press conference today, Attorney General Ken Paxton announced that his office filed a consumer protection lawsuit in Travis County District Court against Purdue Pharma for violating the Texas Deceptive Trade Practices Act (DTPA) involving the companys prescription opioids, including OxyContin. 167, Sec. 1, eff. 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. (c) A person against whom a suit is pending who does not receive written notice, as required by Subsection (a), may file a plea in abatement not later than the 30th day after the date the person files an original answer in the court in which the suit is pending. Sec. Section 1395 et seq. 242, Sec. INTRODUCTION Prior to 1973, Texas consumer law could be summed up in two words, caveat emptor.1 In 1973, however, the Texas Legislature enacted the Texas Deceptive Trade PracticesConsumer Protection Law.2 The DTPA, as it soon became known, was quickly recognized as one of the foremost 728 (H.B. Acts 2017, 85th Leg., R.S., Ch. (b) A district or county attorney, with prior written notice to the consumer protection division, may institute and prosecute actions seeking injunctive relief under this subchapter, after complying with the prior contact provisions of Subsection (a) of Section 17.47 of this subchapter. (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. Sec. Upon adequate notice and hearing, the court shall appoint a receiver over the defendant's business unless the defendant proves that all of the presumptions set forth in Subsection (a) of this section are not applicable. In this subsection, "prosecuting attorney" has the meaning assigned by Section 41.101, Government Code. (1) use for any purpose outside the premises of the owner or an adjacent parking area, a container of another that is identified with or by any name or mark unless the use is authorized by the owner; (2) sell or offer for sale a container of another that is identified with or by a name or mark unless the sale is authorized by the owner; or. (7) "Documentary material" includes the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situated. (10) "Treated turquoise" means turquoise, excluding any backing material, that has been altered to produce a change in the coloration of the natural mineral. Sept. 1, 1985. The secretary of state shall adopt the rules in the manner provided by Chapter 2001, Government Code. 489 (H.B. 2820), Sec. 2, eff. The court may issue temporary restraining orders, temporary or permanent injunctions to restrain and prevent violations of this subchapter and such injunctive relief shall be issued without bond. CONSTRUCTION AND APPLICATION. Acts 2017, 85th Leg., R.S., Ch. Sec. (a) A person may not conduct a sale advertised with the phrase "going out of business," "closing out," "shutting doors forever," or "bankruptcy sale"; the word "foreclosure" or "bankruptcy"; or a similar phrase or word indicating that an enterprise is ceasing business unless the business is closing all of its operations in a county and in all of the counties immediately adjacent to that county and follows the procedures required by this subchapter. (a) A person may not send to an end user located or doing business in this state a written or electronic communication that is a bad faith claim of patent infringement. (k) An offer of settlement is not an admission of engaging in an unlawful act or practice or liability under this subchapter. Financial interest as used in this section relates to an expectation which would be the direct result of such advertisement. (8) "Natural turquoise" means turquoise, exclusive of any backing material, the composition of which has not been chemically or otherwise altered. (3) "Household goods" mean furniture, furnishings, or personal effects used or for use in a dwelling. 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. (3) "Nonauthentic Indian arts and crafts" means any product that is made to imitate or resemble authentic Indian arts and crafts and that: (B) is made by machine or from unnatural materials, except stabilized or treated turquoise. (e) In computing additional damages under Subsection (b), attorneys' fees, costs, and prejudgment interest may not be considered. Sec. 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. The clerk of a district court at the request of any party to a suit pending in his court which is brought under this subchapter shall issue a subpoena for any witness or witnesses who may be represented to reside within 100 miles of the courthouse of the county in which the suit is pending or who may be found within such distance at the time of trial. 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. (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). Amended by Acts 1985, 69th Leg., ch. May 21, 1973. Any material which contains trade secrets shall not be presented except with the approval of the court in which the action is pending after adequate notice to the person furnishing the material. Added by Acts 1995, 74th Leg., ch. 3, eff. The provisions of this subchapter apply only to acts or practices occurring after the effective date of this subchapter, except a right of action or power granted to the attorney general under Chapter 10, Title 79, Revised Civil Statutes of Texas, 1925, as amended, prior to the effective date of this subchapter. 11.101, eff. & Com. 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. WebIf you think you have been harassed or deceived, you can even seek injunctions and damages against debt collectors. Added by Acts 1973, 63rd Leg., p. 322, ch. 117, Sec. 883, Sec. First enacted in 1973 and last amended in 1995, the Texas Deceptive Sec. (a) This section applies only to an act described by Section 17.46(b)(31). (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. 17.48. 7, eff. To be eligible for relief under the Texas DTPA, you must be a consumer. (c) If the parties do not agree on a mediator, the court shall appoint the mediator. 967 (S.B. The term does not include exemplary damages or damages for physical pain and mental anguish, loss of consortium, disfigurement, physical impairment, or loss of companionship and society. We will also examine 1, eff. This subchapter does not apply to: (1) a sale conducted by a public officer as part of the officer's official duties; (2) a sale for which an accounting must be made to a court of law; (3) a sale conducted pursuant to an order of a court; or. DEFINITION. SUBCHAPTER L. BAD FAITH CLAIMS OF PATENT INFRINGEMENT. Sec. A person may not advertise, promote, or conduct a live musical performance in this state through the use of a false, deceptive, or misleading affiliation, connection, or association between a recording group and a performing musical group. (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. Added by Acts 1977, 65th Leg., p. 604, ch. 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