336, Sec. (c) In determining the amount of the civil penalty imposed under this section, the court shall consider the amount necessary to deter future violations. 603, Sec. (h) In bringing or participating in an action under this subchapter, the consumer protection division acts in the name of the state and does not establish an attorney-client relationship with another person, including a person to whom the consumer protection division requests that the court award relief. The office of the attorney general may use the documentary material or copies of it as it determines necessary in the enforcement of this subchapter, including presentation before any court. September 1, 2017. 7, eff. 1, eff. Amended by Acts 1969, 61st Leg., p. 2045, ch. (3) the communication is likely to materially mislead a reasonable end user because the communication does not contain information sufficient to inform the end user of: (A) the identity of the person asserting the claim; (B) the patent that is alleged to have been infringed; and. Acts 2011, 82nd Leg., R.S., Ch. 1152), Sec. 1, eff. May 21, 1973. 1, eff. (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. Except as otherwise provided by this section, an offer or a rejection of an offer may not be offered in evidence at trial for any purpose. Bus. WebThe Federal Trade Commission (FTC) is an independent agency of the United States government whose principal mission is the enforcement of civil (non-criminal) antitrust law and the promotion of consumer protection.The FTC shares jurisdiction over federal civil antitrust enforcement with the Department of Justice Antitrust Division.The agency is May 21, 1973. Texas Deceptive Trade Practices Consumer Protection Act Guidelines. (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. WebCheatham, Norwood and Peterson d/b/a Cheatham-Norwood-Peterson Investments brought a Deceptive Trade Practices-Consumer Protection Act (hereafter referred to as DTPA) action against Stewart Title Guaranty Company and obtained judgment based on the failure of a title insurance policy to reveal the ex 143, Sec. (2) substitute on a dairy container his proprietary mark for that of the owner. In this chapter, unless the context requires a different definition, (1) "container" includes bale, barrel, bottle, box, cask, keg, and package; and. Sec. (c) If a district or county attorney, under the authority of this section, accepts assurance of voluntary compliance under Section 17.58, the district or county attorney must file the assurance of voluntary compliance in the district court in the county in which the alleged violator resides or does business. Where there are judgments against a defendant which have been awarded to more than one plaintiff, the court shall have discretion to take any action necessary to efficiently operate a receivership in order to accomplish the purpose of collecting the judgments. 4, eff. 291, Sec. EXEMPTIONS. Sec. Sec. The attorney general may bring an action to enjoin a violation of this subchapter. (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, 1, eff. Sec. Added by Acts 1973, 63rd Leg., p. 322, ch. 138, Sec. Acts 2019, 86th Leg., R.S., Ch. Amended by Acts 1989, 71st Leg., ch. 1, eff. DEADLINE FOR ORDERS. The Texas Legislature enacted the Texas Deceptive Trade Practices Act, also known as the DTPA, in 1979 to protect individuals and companies from commercial scams. The secretary of state, under the authority vested in the secretary as custodian of the seal under Article IV, Section 19, of the Texas Constitution, shall issue a license to a person who applies for a license on a form provided by the secretary of state and who pays the fees required under this section if the secretary of state determines that the use is in the best interests of the state and not detrimental to the image of the state. RESTRAINING ORDERS. 1, eff. In this chapter "going out of business sale" means an offer to sell to the public, or the sale to the public of, goods, wares, and merchandise on the implied or direct representation by written or oral advertising that the sale is in anticipation of the termination of all of the operations of a business at all of its locations in a county and in all of the counties immediately adjacent to that county. WebThe Texas Deceptive Trade Practices Act (DTPA) is Texas's leading consumer protection legislation. Sec. 2.01, eff. (d) A common carrier or contract carrier, unless engaged in the transporting of dairy products, eggs, and poultry to and from farms where they are produced, may not receive or transport a container marked with a name or mark unless the carrier has in the carrier's possession a bill of lading or invoice for the container. Representation of eligibility to win a prize.iii Sept. 1, 1995; Acts 2001, 77th Leg., ch. 324 (S.B. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 467 (H.B. (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. 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. Amended by Acts 1977, 65th Leg., p. 604, ch. 242, Sec. February 23, 2023 - State attorneys general continue to be active in investigating and enforcing state laws regulating commercial activity. (2) the expenses, including attorneys' fees, if any, reasonably incurred by the consumer in asserting the claim against the defendant. Scope of statute a. WebSec. POST JUDGMENT RELIEF. 5.95(49), eff. (A) reconstituted turquoise, which is turquoise dust or particles that are mixed with plastic resins and are compressed into a solid form so as to resemble natural turquoise; or. (c) On a finding by the court that an action under this section was groundless in fact or law or brought in bad faith, or brought for the purpose of harassment, the court shall award to the defendant reasonable and necessary attorneys' fees and court costs. BAD FAITH CLAIM OF PATENT INFRINGEMENT PROHIBITED. (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. 603, Sec. 2820), Sec. (a) A for-profit entity or individual who mails, or directs another person to mail, a solicitation requesting that the recipient donate clothing or household goods may not subsequently sell the donated items unless the solicitor includes with the mailed solicitation the appropriate disclosure prescribed by this section, prominently displayed in boldfaced type or capital letters in English and Spanish. Aug. 31, 1981; Acts 1983, 68th Leg., p. 4943, ch. APPLICATION. L. REv. May 21, 1973. (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. Aug. 27, 1979. (A) that is a single-family house, duplex, triplex, or quadruplex or a unit in a multiunit residential structure in which title to the individual units is transferred to the owners under a condominium or cooperative system; and. September 1, 2011. (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 solicitor must state: "SOLICITATIONS FOR DONATIONS ARE MADE BY (NAME OF FOR-PROFIT ENTITY OR INDIVIDUAL) ON BEHALF OF (NAME OF CHARITABLE ORGANIZATION). WebIn Texas we have the DECEPTIVE TRADE PRACTICES CONSUMER PROTECTION ACT that i believe this would fall under. 138, Sec. PRIVATE USE OF STATE SEAL. 17.01. September 1, 2005. (i) has been operating as a hospital for less than one year; (ii) has submitted an application to a federally recognized accreditation program for certification under Title XVIII of the Social Security Act (42 U.S.C. The period of limitation provided in this section may be extended for a period of 180 days if the plaintiff proves that failure timely to commence the action was caused by the defendant's knowingly engaging in conduct solely calculated to induce the plaintiff to refrain from or postpone the commencement of the action. (2) ending on the 30th day after the date the disaster declaration expires or is terminated. Sept. 1, 1995. (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. 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. 143, Sec. 17.951. MEDIATION. 380, Sec. DAMAGES: DEFENSES. (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. (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. 1, eff. (4) "State function" means a state governmental activity authorized or required by law. 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. (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. UNAUTHORIZED ADVERTISEMENT, PROMOTION, OR CONDUCTION OF CERTAIN LIVE MUSICAL PERFORMANCES. September 1, 2017. (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. It protects consumers by making it unlawful to misrepresent a product that is sold in the state. 414, Sec. 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. 17.884. Amended by Acts 1977, 65th Leg., p. 601, ch. & Com. 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. 728 (H.B. 143, Sec. 501.201 et seq. (b) In asserting a defense under Subdivision (1), (2), or (3) of Subsection (a) of Section 17.506 above, the defendant shall prove the written information was a producing cause of the alleged damage. If the person transacts business in more than one county, the petition shall be filed in the county in which the person maintains his principal place of business, or in another county agreed on by the parties to the petition. 17.44. (d) Each consumer who prevails shall be awarded court costs and reasonable and necessary attorneys' fees. 172, Sec. 1082, Sec. DECEPTIVE TRADE PRACTICES UNLAWFUL. 167, Sec. 967 (S.B. 1973 A DTPA claim does not require that the____________prove the _____________ acted knowingly or intentionally. (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. 1, eff. (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. Amended by Acts 1977, 65th Leg., p. 602, ch. May 21, 1973. (a) In this section: (1) "Compensation" means payment of money, a financial benefit, or another thing of value. 883, Sec. May 21, 1973. 17.464. 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. Sec. VENUE. Added by Acts 1973, 63rd Leg., p. 322, ch. Added by Acts 1985, 69th Leg., ch. (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. (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. 10, eff. (b) A person may not fraudulently represent that the person is conducting a going out of business sale. Sept. 1, 2003. If the trier of fact finds that the conduct of the defendant was committed knowingly, the consumer may also recover damages for mental anguish, as found by the trier of fact, and the trier of fact may award not more than three times the amount of economic damages; or if the trier of fact finds the conduct was committed intentionally, the consumer may recover damages for mental anguish, as found by the trier of fact, and the trier of fact may award not more than three times the amount of damages for mental anguish and economic damages; (2) an order enjoining such acts or failure to act; (3) orders necessary to restore to any party to the suit any money or property, real or personal, which may have been acquired in violation of this subchapter; and. Costs and fees of such receivership or other relief shall be assessed against the defendant. ORIGINAL INVENTORY. WebLocation field must contain 'city, state' or a zip code to perform a radius search (e.g., Denver, CO or 46122).City and state must be separated by a comma followed by a space (e.g., Houston, TX) (iii) has not failed an accreditation for certification. (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). Added by Acts 1973, 63rd Leg., p. 322, ch. 189 (S.B. Aug. 26, 1985; Acts 1989, 71st Leg., ch. (2) 50 percent of the amount collected paid to the county shall be deposited by the county in a segregated account and the funds shall be used only for law enforcement, public health programs, or drug abuse prevention programs. 1047), Sec. (6) "Trade" and "commerce" mean the advertising, offering for sale, sale, lease, or distribution of any good or service, of any property, tangible or intangible, real, personal, or mixed, and any other article, commodity, or thing of value, wherever situated, and shall include any trade or commerce directly or indirectly affecting the people of this state. (i) a freestanding emergency medical care facility licensed under Chapter 254, Health and Safety Code; or, (ii) a hospital that does not meet the conditions of participation for certification under Title XVIII of the Social Security Act (42 U.S.C. Acts 1967, 60th Leg., p. 2343, ch. 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. 9, eff. (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. 216, Sec. ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTION AND CIVIL PENALTY. Added by Acts 1973, 63rd Leg., p. 322, ch. 17.825. 1, eff. A license issued under this section expires one year after the date of issuance and may be renewed. 307, Sec. May 23, 1977; Acts 1985, 69th Leg., ch. WebCheatham, Norwood and Peterson d/b/a Cheatham-Norwood-Peterson Investments brought a Deceptive Trade Practices-Consumer Protection Act (hereafter referred to as DTPA) action against Stewart Title Guaranty Company and obtained judgment based on the failure of a title insurance policy to reveal the ex (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. Deceptive Advertising 17.29. In addition to unfair and deceptive trade practice violations, there are numerous statutes that address specific advertising practices. (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. (h) This section does not apply to an action brought by the attorney general under Section 17.47. Assurances of voluntary compliance shall in no way affect individual rights of action under this subchapter, except that the rights of individuals with regard to money or property received pursuant to a stipulation in the voluntary compliance under Subsection (b) of this section are governed by the terms of the voluntary compliance. (2) In construing this subchapter the court shall not be prohibited from considering relevant and pertinent decisions of courts in other jurisdictions. Read online View details in library catalog Texas litigation guide Latest received: Automatic updates. Acts 2019, 86th Leg., R.S., Ch. 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. 54), Sec. WebBy Tekell, David G. James Publishing. 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. 2017. 463, Sec. 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. 1, eff. Thus, the plaintiff could not seek refuge under a longer limitations period.10 (4) "Egg basket" means a permanent type of container that contains four dozen or more shell eggs and is used by a distributor or retailer or an agent of a distributor or retailer to transport, store, or carry eggs. 17.883. 17.30. Added by Acts 1995, 74th Leg., ch. GENERAL DESCRIPTION. 360, Sec. (b) The original inventory must include: (1) the name and address of the owner of the goods, wares, or merchandise to be sold; (2) the name and address of the owner of the defunct business, the former stock in trade of which is to be offered for sale, and the full name of the defunct business; (3) a description of the place where the liquidation sale is to be held; (4) a statement of the beginning and ending dates of the sale; (5) a complete and detailed inventory of the goods, wares, and merchandise to be offered on the beginning date of the sale and the total cost of those items; and. Sept. 1, 1967. (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. (a) In the administration of this subchapter the consumer protection division may accept assurance of voluntary compliance with respect to any act or practice which violates this subchapter from any person who is engaging in, has engaged in, or is about to engage in the act or practice. (a) In this section: (1) "Commercial purpose" means a purpose that is intended to result in a profit or other tangible benefit but does not include: (A) official use of the state seal or a representation of the state seal in a state function; (B) use of the state seal or a representation of the state seal for a political purpose by an elected official of this state; (C) use of the state seal or a representation of the state seal in an encyclopedia, dictionary, book, journal, pamphlet, periodical, magazine, or newspaper incident to a description or history of seals, coats of arms, heraldry, or this state; (D) use of the state seal or a representation of the state seal in a library, museum, or educational facility incident to descriptions or exhibits relating to seals, coats of arms, heraldry, or this state; (E) use of the state seal or a representation of the state seal in a theatrical, motion-picture, television, or similar production for a historical, educational, or newsworthy purpose; or. 117, Sec. 1, eff. 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