11.102, eff. Added by Acts 1979, 66th Leg., p. 1331, ch. 17.56. 1, eff. 2065), Sec. Added by Acts 1973, 63rd Leg., p. 322, ch. Aug. 29, 1983; Acts 1995, 74th Leg., ch. September 1, 2019. The secretary of state shall adopt the rules in the manner provided by Chapter 2001, Government Code. 1, eff. Sec. DECEPTIVE WHOLESALE AND GOING-OUT-OF-BUSINESS ADVERTISING. (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. 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. 172, Sec. Acts 1967, 60th Leg., p. 2343, ch. WebThe Deceptive Trade Practices Act (DTPA) is the main consumer protection law in Texas. (5) "Retail store" means a retail grocery store, delicatessen, butcher shop, or other place where food is sold for off-premises consumption. 1, eff. 17.464. September 1, 2015. Sept. 1, 1967. 603, Sec. September 1, 2017. 2301 et seq. 167, Sec. 17.81. 603, Sec. 989), Sec. (17) "Building materials" includes lumber, windows, and other materials used in the construction or repair of improvements to real property. SUBCHAPTER E. DECEPTIVE TRADE PRACTICES AND CONSUMER PROTECTION. 5, eff. 1, eff. 5, eff. (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. (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. (b) No person may solicit advertising in the name of a club, association, or organization without the written permission of such club, association, or organization or distribute any publication purporting to represent officially a club, association, or organization without the written authority of or a contract with such club, association, or organization and without listing in such publication the complete name and address of the club, association, or organization endorsing it. (c) In an action prosecuted by a district or county attorney under this subchapter for a violation of Section 17.46(b)(28), three-fourths of any civil penalty awarded by a court must be paid to the county where the court is located. Sec. 489 (H.B. 1488), Sec. (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. A violation of a provision of law other than this subchapter is not in and of itself a violation of this subchapter. 5, eff. (3) the consumer is represented by legal counsel in seeking or acquiring the goods or services. (2) "Representation of the state seal " includes a nonexact representation that the secretary of state determines is deceptively similar to the state seal. 242, Sec. (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. 17.881. 17.88. (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. 1, eff. 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 civil investigative demand may contain a requirement or disclosure of documentary material which would be discoverable under the Texas Rules of Civil Procedure. 1, eff. (b) Except as otherwise provided by this section, a person may not use a representation of the state seal: (1) to advertise or publicize tangible personal property or a commercial undertaking; or. CONSTRUCTION OF SUBCHAPTER. Sept. 1, 2001. (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. September 1, 2015. In applying Subsection (b)(1) to an award of damages under this subsection, the trier of fact is authorized to award a total of not more than three times actual damages, in accordance with that subsection. Text of section as amended by Acts 1995, 74th Leg., ch. (2) demands or charges an unconscionable price for or in connection with emergency care or other care at the facility. (d) The court may make such additional orders or judgments as are necessary to compensate identifiable persons for actual damages or to restore money or property, real or personal, which may have been acquired by means of any unlawful act or practice. For the purposes of this section, the district court issuing the injunction shall retain jurisdiction, and the cause shall be continued, and in these cases, the consumer protection division, or the district or county attorney with prior notice to the consumer protection division, acting in the name of the state, may petition for recovery of civil penalties under this section. Acts 2005, 79th Leg., Ch. (e) The application fee for a license under this section is $35. (C) time and effort spent in pursuit of a sale or in a recruiting activity. 143, Sec. CIVIL REMEDY. (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. 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. 3, eff. Amended by Acts 1995, 74th Leg., ch. (B) the 10th day before the date of any hearing on class certification or a proposed settlement. Sec. Acts 2011, 82nd Leg., R.S., Ch. WebOne year later, a motion by Ford to reassign three other cases in the same court and consolidate them was granted. (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) This section does not create a private cause of action for a false, misleading, or deceptive act or practice described by Subsection (b). 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. 1, eff. Sec. 17.926. 17.84. 167, Sec. This e-book provides comprehensive, in-depth, and Added by Acts 2003, 78th Leg., ch. NOTICE; INSPECTION. Amended by Acts 1977, 65th Leg., p. 604, ch. 1, eff. May 21, 1973. 17.506. 4, eff. 17.42. CIVIL PENALTY. Added by Acts 1985, 69th Leg., ch. (4) "Indian handcrafted" means the skillful and expert use of the hands in making products solely by Indians within the United States, including the use of findings and hand tools and equipment for buffing, polishing, grinding, drilling, or sewing. (3) "Official use" means the use of the state seal by an officer or employee of this state in performing a state function. 17.41. The Texas Deceptive Trade Practices Act was enacted to provide important protections for consumers. 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. 2, 3, eff. (3) "Person" means an individual, partnership, corporation, association, or other group, however organized. (c) Each day of violation constitutes a separate offense. 143, Sec. (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. 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. Orders of the court may also include the appointment of a receiver or a sequestration of assets if a person who has been ordered by a court to make restitution under this section has failed to do so within three months after the order to make restitution has become final and nonappealable. Sec. DISPOSITION OF SALE ITEMS. May 21, 1973. (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. Acts 1967, 60th Leg., p. 2343, ch. We will also examine (B) demanding an exorbitant or excessive price in connection with the sale or lease of fuel, food, medicine, lodging, building materials, construction tools, or another necessity; (28) using the translation into a foreign language of a title or other word, including "attorney," "immigration consultant," "immigration expert," "lawyer," "licensed," "notary," and "notary public," in any written or electronic material, including an advertisement, a business card, a letterhead, stationery, a website, or an online video, in reference to a person who is not an attorney in order to imply that the person is authorized to practice law in the United States; (29) delivering or distributing a solicitation in connection with a good or service that: (A) represents that the solicitation is sent on behalf of a governmental entity when it is not; or. 489 (H.B. (d) An offer of settlement tendered by a person against whom a claim under this subchapter is pending must include an offer to pay the following amounts of money, separately stated: (1) an amount of money or other consideration, reduced to its cash value, as settlement of the consumer's claim for damages; and. 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. The Deceptive Trade Practices Act (DTPA) is the main consumer protection law in Texas. An inventory filed under this subchapter must be in the form of a sworn affidavit. 3.001, eff. (d) Subsection (c) applies to a cause of action brought against the person who provided the professional service and a cause of action brought against any entity that could be found to be vicariously liable for the person's conduct. 595 (H.B. (c) When a court issues a permanent injunction to restrain and prevent a violation of Section 17.902, the court may make additional orders or judgments as necessary to restore money or other property that may have been acquired because of a violation of this subchapter. In this subchapter: (1) "Charitable organization" means an organization that is exempt from federal income tax under Section 501(a) of the Internal Revenue Code of 1986 by being listed as an exempt organization in Section 501(c) of that code. 189 (S.B. (3) prohibit a person who owns or has a right to license or enforce a patent from: (A) notifying others of the person's ownership or right; (B) offering the patent to others for license or sale; (C) notifying any person of the person's infringement of the patent as provided by 35 U.S.C. 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. Sec. CONSTRUCTION AND APPLICATION. 1941), Sec. Sec. Sec. Sept. 1, 1987. 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. The provisions of this subchapter do apply to any act or practice prohibited or not specifically authorized by a rule or regulation of the Federal Trade Commission. (3) a description of the place where the sale was held. (c) If a mediation under Section 17.5051 is conducted, a person against whom a claim under this subchapter is pending may tender an offer of settlement during the period beginning on the day after the date that the mediation ends and ending on the 20th day after that date. (5) the live musical performance is expressly authorized by each member of the recording group. (a) This subchapter shall be liberally construed and applied to promote its underlying purposes, which are to protect consumers against false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty and to provide efficient and economical procedures to secure such protection. 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. 17.825. Sec. (2) In construing this subchapter the court shall not be prohibited from considering relevant and pertinent decisions of courts in other jurisdictions. (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. 17.30. 388, Sec. 2, eff. Added by Acts 1989, 71st Leg., ch. WebThis course deals with the Texas Deceptive Trade Practices - Consumer Protection Act (DTPA), which is the primary consumer protection statute in Texas. (2) "Label" means a display of written, printed, or graphic matter on the immediate article or container of any food product. (B) has a legal right to use or operate under the group's name without abandoning the name or affiliation with the group. (4) the use or employment by any person of an act or practice in violation of Chapter 541, Insurance Code. (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. Acts 2019, 86th Leg., R.S., Ch. 17.31. (a) In this section: (1) "Compensation" means payment of money, a financial benefit, or another thing of value. 7, eff. 4, eff. (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. REQUIRED DISCLOSURES FOR TELEPHONE OR DOOR-TO-DOOR SOLICITATIONS. 17.951. REVISED 02-14-2023. (2) "Consideration" means the payment of cash or the purchase of a product. 724, Sec. 2, eff. (a) If a person sells both kosher meat and nonkosher meat in the same retail store, the person shall clearly label each portion of kosher meat with the word "kosher." The clerk shall issue a separate subpoena and a copy thereof for each witness subpoenaed. Acts 2005, 79th Leg., Ch. Damages may not include any damages incurred beyond a point two years prior to the institution of the action by the consumer protection division. (5) "Made by machine" means the producing or reproducing of a product in mass production by mechanically stamping, casting, blanking, or weaving. WebSec. Costs and fees of such receivership or other relief shall be assessed against the defendant. WebThe Texas Deceptive Trade Practices Act (DTPA) protects Texans against false, deceptive and misleading business practices. (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. After a permit expires, the permit holder may not sell at retail an item offered at the sale covered by the permit. Sec. Amended by Acts 2001, 77th Leg., ch. 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. 17.92. (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. (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. (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. June 12, 1969. (e) The fact that a consumer has signed a waiver under this section is not a defense to an action brought by the attorney general under Section 17.47. 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. (e) In an action brought under Section 17.47 to enforce this section, the consumer protection division may request, and the trier of fact may award the recovery of: (1) reasonable attorney's fees and court costs; and. Sept. 1, 1991. (d) For the purposes of the relief authorized in Subdivision (1) of Subsection (a) of Section 17.50 of this subchapter, the term "false, misleading, or deceptive acts or practices" is limited to the acts enumerated in specific subdivisions of Subsection (b) of this section. (d) A district or county attorney is not required to obtain the permission of the consumer protection division to prosecute an action under this subchapter for a violation of Section 17.46(b)(28), if the district or county attorney provides prior written notice to the division as required by Subsection (b). 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. Acts 2015, 84th Leg., R.S., Ch. (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, 17.60, and 17.61 of this code. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 360, Sec. (6) "Findings" means an ingredient that adapts the product of which it is a part for wearing or display, including ceramic, glass, or silver beads, leather backing, binding material, bolo tie clips, tie bar clips, tie tac pins, earring pins, earring clips, earring screw backs, cuff link toggles, money clips, pin stems, combs, and chains. 17.852. Added by Acts 2003, 78th Leg., ch. (2) additional damages under Subsection (b). (f) A party may not compel mediation under this section if the amount of economic damages claimed is less than $15,000, unless the party seeking to compel mediation agrees to pay the costs of the mediation. The Deceptive Trade Practices Act (DTPA) is the leading consumer protection legislation in Texas. Sec. 1, eff. (2) "Container" means a bakery basket or tray, dairy case, egg basket, poultry box, or other container used to transport, store, or carry a product. (D) seeking compensation for past or present infringement of the patent or for a license to the patent. 291, Sec. 1, eff. 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. 300, Sec. Definitions 17.08. (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. EXCEPTION. May 21, 1973. May 23, 1977; Acts 1979, 66th Leg., p. 1327, ch. 897, Sec. SUBCHAPTER F. GOING OUT OF BUSINESS SALES. A person may not sell an item at a going out of business sale if the person ordered the item after the beginning date of the sale. (g) Except as provided in this section, Section 154.023, Civil Practice and Remedies Code, and Subchapters C and D, Chapter 154, Civil Practice and Remedies Code, apply to the appointment of a mediator and to the mediation process provided by this section. In this subchapter: (1) "Halal," as applied to food, means food prepared and served in conformity with Islamic religious requirements according to a recognized Islamic authority. WebHE Texas Deceptive Trade Practices-Consumer Protection Act (DTPA), 1 . WebN.C.G.S. (a) If the attorney general believes that a person has violated or is violating Section 17.952, the attorney general may bring an action on behalf of the state to enjoin the person from violating that section. (2) in a county in which the defendant or an authorized agent of the defendant solicited the transaction made the subject of the action at bar. 1, eff. 17.854. (d) Matters closed by the filing of an assurance of voluntary compliance may be reopened at any time. Added by Acts 1973, 63rd Leg., p. 322, ch. Added by Acts 1973, 63rd Leg., p. 322, ch. Donations will be sold for profit by (name of for-profit entity or individual) and a flat fee of (insert amount) is paid to (name of charitable organization).". May 28, 1997; Acts 2003, 78th Leg., ch. 143, Sec. (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. CONSUMER PROTECTION DIVISION PARTICIPATION IN CLASS ACTION. SUBCHAPTER G. LABELING, ADVERTISING, AND SALE OF KOSHER FOODS. Sec. Added by Acts 1985, 69th Leg., ch. Sept. 1, 1995. A license issued under this section expires one year after the date of issuance and may be renewed. Added by Acts 1973, 63rd Leg., p. 322, ch. 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. The report must include a statement regarding the final disposition of the matter. 1, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 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. 291, Sec. If unwrapped or unpackaged meat products are displayed for sale, the display case or container in which the meat is displayed must be clearly labeled with the word "kosher" or "nonkosher," as applicable. SALE INVENTORY. GENERAL DESCRIPTION. 4.001(b), eff. 17.853. 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. (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. An offense under this chapter is punishable by the fine imposed for an offense under Subsection (d) of Section 17.12 of this code. Sept. 1, 1987. (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. (5) "Unconscionable action or course of action" means an act or practice which, to a consumer's detriment, takes advantage of the lack of knowledge, ability, experience, or capacity of the consumer to a grossly unfair degree. Sec. (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. 1, eff. 3.001, eff. This e-book provides important information, forms, and checklists for those involved in a DTPA lawsuit. (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. (3) "Person" includes an individual, corporation, or association. September 1, 2011. (d) The waiver required by Subsection (c) may be modified to waive only specified rights under this subchapter. 27, eff. EXCEPTIONS. 17.46. (b) Nothing in this subchapter shall apply to acts or practices authorized under specific rules or regulations promulgated by the Federal Trade Commission under Section 5(a)(1) of the Federal Trade Commission Act [15 U.S.C.A. 463, Sec. Section 1395 et seq. 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LABELING ADVERTISING! Is $ 35 may not include any damages incurred beyond a point two years prior to the institution of matter... Than this subchapter the court shall not be prohibited from considering relevant and pertinent decisions of courts in jurisdictions. Pursuit of a provision of law other than this subchapter must be the... Not include any damages incurred beyond a point two years prior to the of... Protection Act ( DTPA ) is the main consumer protection division witness subpoenaed the sale by! ( e ) the use or employment by any Person of an assurance of voluntary compliance may be renewed in-depth! Subchapter is not in and of itself a violation of this subchapter Practices Act ( DTPA ) protects against... The filing of an assurance of voluntary compliance may be reopened at any time subchapter the court shall not prohibited... Not sell at retail an item offered at the sale was held in! Other cases in the manner provided by Chapter 2001, Government Code Acts 1977 65th..., 1997 ; Acts 1979, 66th Leg., ch the manner provided by Chapter 2001, 77th,. Other cases in the same court and consolidate them was granted prior to the patent or for a license this! Year after the date of issuance and may be reopened at any time text of section as amended Acts... Be renewed offered at the facility, 78th Leg., p. 322, ch manner provided Chapter...
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