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CIVIL REMEDY. (a) A person who violates Section 17.902 is liable to the state for a civil penalty of not less than $5,000 or more than $15,000 for each violation. 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. 7, eff. 280, Sec. Text of section as amended by Acts 1995, 74th Leg., ch. 17.85. June 12, 1969. This subchapter may be cited as the Deceptive Trade Practices-Consumer Protection Act. Sec. (2) a notice to the public, warning that unauthorized use by a person other than the owner is punishable by law, is visibly displayed on the container. 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. (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. Bus. 7, eff. (7) "Parking area" means a lot or other property provided by a retail establishment for the use of customers to park automobiles or other vehicles while doing business in that establishment. 856 (S.B. The statute, which adopts the Uniform Deceptive Trade Practices Act, addresses general consumer protection provisions and also provides (c) An assurance of voluntary compliance shall not be considered an admission of prior violation of this subchapter. 17.954. The permit is valid for 120 days after the day that it is issued and is not renewable. DAMAGES: DEFENSES. 1, eff. (3) "Person" includes an individual, corporation, or association. (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. (B) assisting another person in inducing or attempting to induce one or more other persons to participate in a pyramid promotional scheme, including by providing references. 17.952. Added by Acts 1979, 66th Leg., p. 1332, ch. 785, Sec. WebOne year later, a motion by Ford to reassign three other cases in the same court and consolidate them was granted. Added by Acts 1985, 69th Leg., ch. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 414, Sec. Acts 2017, 85th Leg., R.S., Ch. September 1, 2019. 17.44. SUBCHAPTER D. COUNTERFEITING OR CHANGING A REQUIRED MARK; MISUSE OF CONTAINER BEARING MARK. Damages may not include any damages incurred beyond a point two years prior to the institution of the action by the consumer protection division. Sec. 1, eff. 2552), Sec. Failure to comply with any final order entered under this section is punishable by contempt. (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. (d) It is not a defense to prosecution for an offense under this section that the pyramid promotional scheme involved both a franchise to sell a product and the authority to sell additional franchises if the emphasis of the scheme is on the sale of additional franchises. (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. The assurance shall be in writing and shall be filed with and subject to the approval of the district court in the county in which the alleged violator resides or does business or in the district court of Travis County. (g) Chapter 41, Civil Practice and Remedies Code, does not apply to a cause of action brought under this subchapter. 17.87. M. Bender. Renumbered from Bus. September 1, 2007. (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. (4) "Restaurant" means a place where food is sold for on-premises consumption. Acts 2019, 86th Leg., R.S., Ch. 728 (H.B. Bus. 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. NOTICE OF FILING OF ORIGINAL INVENTORY. An offense under this section is a Class C misdemeanor. 8.01, eff. DECEPTIVE TRADE PRACTICES UNLAWFUL. (b) Except as provided in Subsection (d) of this section, the term "false, misleading, or deceptive acts or practices" includes, but is not limited to, the following acts: (1) passing off goods or services as those of another; (2) causing confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods or services; (3) causing confusion or misunderstanding as to affiliation, connection, or association with, or certification by, another; (4) using deceptive representations or designations of geographic origin in connection with goods or services; (5) representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities which they do not have or that a person has a sponsorship, approval, status, affiliation, or connection which the person does not; (6) representing that goods are original or new if they are deteriorated, reconditioned, reclaimed, used, or secondhand; (7) representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another; (8) disparaging the goods, services, or business of another by false or misleading representation of facts; (9) advertising goods or services with intent not to sell them as advertised; (10) advertising goods or services with intent not to supply a reasonable expectable public demand, unless the advertisements disclosed a limitation of quantity; (11) making false or misleading statements of fact concerning the reasons for, existence of, or amount of price reductions; (12) representing that an agreement confers or involves rights, remedies, or obligations which it does not have or involve, or which are prohibited by law; (13) knowingly making false or misleading statements of fact concerning the need for parts, replacement, or repair service; (14) misrepresenting the authority of a salesman, representative or agent to negotiate the final terms of a consumer transaction; (15) basing a charge for the repair of any item in whole or in part on a guaranty or warranty instead of on the value of the actual repairs made or work to be performed on the item without stating separately the charges for the work and the charge for the warranty or guaranty, if any; (16) disconnecting, turning back, or resetting the odometer of any motor vehicle so as to reduce the number of miles indicated on the odometer gauge; (17) advertising of any sale by fraudulently representing that a person is going out of business; (18) advertising, selling, or distributing a card which purports to be a prescription drug identification card issued under Section 4151.152, Insurance Code, in accordance with rules adopted by the commissioner of insurance, which offers a discount on the purchase of health care goods or services from a third party provider, and which is not evidence of insurance coverage, unless: (A) the discount is authorized under an agreement between the seller of the card and the provider of those goods and services or the discount or card is offered to members of the seller; (B) the seller does not represent that the card provides insurance coverage of any kind; and. (f) A settlement offer tendered by a person against whom a claim under this subchapter is pending that complies with this section and that has been rejected by the consumer may be filed with the court with an affidavit certifying its rejection. (C) at least one product, service, or technology obtained by the end user that is alleged to infringe the patent or the activity of the end user that is alleged to infringe the patent. 4.001(b), eff. Sept. 1, 2001. The provisions of this subchapter are not exclusive. 8, eff. 603, Sec. Sec. (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. September 1, 2005. 11.19, eff. (3) "Official use" means the use of the state seal by an officer or employee of this state in performing a state function. Acts 2019, 86th Leg., R.S., Ch. 727 East Dean Keeton St. Austin, Texas 78705 (512) 471-5151. Sec. 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. 701, Sec. (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. WebTexas Deceptive Trade Practices-Consumer Protection Act What Is The "Deceptive Trade Practices Act" The Texas Deceptive Trade Practices-Consumer Protection Act 6, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 5, eff. WebTexas Deceptive Trade Practices-Consumer Protection Act What Is The "Deceptive Trade Practices Act" The Texas Deceptive Trade Practices-Consumer Protection Act ("DTPA") If Subsection (h) does not apply, the court shall award attorneys' fees as provided by Section 17.50(d). Uniform Deceptive Trade Practices Act Adopted: No (Bus. (c) Each day of violation constitutes a separate offense. Broadly prohibits deceptive acts Strong Alaska Stat. 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. (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. Section 287; or. (5) sells an item at retail in violation of Section 17.88 of this code. 1229, Sec. Aug. 29, 1977; Acts 1979, 66th Leg., p. 1327, ch. REVISED 02-14-2023. SHORT TITLE. Sec. Sept. 1, 2001. 414, Sec. 76, Sec. Aug. 27, 1979; Acts 1995, 74th Leg., ch. WebContact Texas Law Texas Law. 1, eff. & C. Code Sec. 1, eff. (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. 17.922. (A) means a product or system, including a written warranty: (a) installed on or applied to a vehicle; and, (b) designed to prevent loss of or damage to a vehicle from a specific cause; and, (ii) under which, after installation or application of the product or system described by Subparagraph (i), if loss or damage results from the failure of the product or system to perform as represented in the warranty, the warrantor, to the extent agreed on as part of the warranty, is required to pay expenses to the person in this state who purchases or otherwise possesses the product or system for the loss of or damage to the vehicle; and. (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. 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 Colorado Consumer Protection Act (PDF) identifies certain business practices that are considered deceptive, outlining civil and criminal penalties for violations and related trade regulations. Webplore this topic is found in Richard M. Alderman, The Lawyers Guide to the Texas Deceptive Trade Practices Act ch. June 1, 2002; Acts 2003, 78th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. Sec. The remedies provided in this subchapter are in addition to any other procedures or remedies provided for in any other law; provided, however, that no recovery shall be permitted under both this subchapter and another law of both damages and penalties for the same act or practice. 380, Sec. 7, eff. Code 17.41 et seq., protects consumers against false, misleading, or deceptive trade practices, including All actions brought under this subchapter must be commenced within two years after the date on which the false, misleading, or deceptive act or practice occurred or within two years after the consumer discovered or in the exercise of reasonable diligence should have discovered the occurrence of the false, misleading, or deceptive act or practice. (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. (B) causing confusion or misunderstanding as to the effects the synthetic substance causes when consumed or ingested; (32) a licensed public insurance adjuster directly or indirectly soliciting employment, as defined by Section 38.01, Penal Code, for an attorney, or a licensed public insurance adjuster entering into a contract with an insured for the primary purpose of referring the insured to an attorney without the intent to actually perform the services customarily provided by a licensed public insurance adjuster, provided that this subdivision may not be construed to prohibit a licensed public insurance adjuster from recommending a particular attorney to an insured; (33) owning, operating, maintaining, or advertising a massage establishment, as defined by Section 455.001, Occupations Code, that: (A) is not appropriately licensed under Chapter 455, Occupations Code, or is not in compliance with the applicable licensing and other requirements of that chapter; or, (B) is not in compliance with an applicable local ordinance relating to the licensing or regulation of massage establishments; or. Added by Acts 1995, 74th Leg., ch. (a) A person may not misrepresent the geographical location of a business that derives 50 percent or more of its gross income from the sale or arranging for the sale of flowers or floral arrangements in the listing of the business: (1) in a telephone directory or other directory assistance database; (b) A person is considered to misrepresent the geographical location of a business for purposes of Subsection (a) if the name of the business indicates that the business is located in a geographical area and: (1) the business is not located within the geographical area indicated; (2) the listing fails to identify the municipality and state of the business's geographical location; and. 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. Sept. 1, 1991; Acts 1997, 75th Leg., ch. Amended by Acts 1977, 65th Leg., p. 604, ch. Sept. 1, 1985. 759 (H.B. Read online View details in library catalog Texas litigation guide Latest received: Automatic updates. Sec. Sept. 1, 2003. (b) In addition to seeking an injunction under Subsection (a), the attorney general may request and the court may order any other relief that may be in the public interest, including: (1) the imposition of a civil penalty in an amount not to exceed $50,000 for each violation of Section 17.952; (2) an order requiring reimbursement to this state for the reasonable value of investigating and prosecuting a violation of Section 17.952; and. 17.555. Before the end of each 30-day period during the going out of business sale the permit holder shall file with the chief appraiser a sale inventory containing a complete and detailed list of the goods, wares, and merchandise listed in the original inventory that have not been sold before the date that the sale inventory is filed. 1, eff. Aug. 27, 1979; Acts 1989, 71st Leg., ch. 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. The secretary of state may bring a civil action to enjoin a violation of this section or the rules adopted under this section. 962, Sec. Sept. 1, 1987. Texas has strong consumer protection laws that safeguard residents against scams, deceptive sales calls, and other illegal practices. (3) "Dairy case" means a wire or plastic container that holds 16 quarts or more of beverage and is used by a distributor or retailer or an agent of a distributor or retailer to transport, store, or carry dairy products. 143, Sec. 4, eff. PRODUCTION, SALE, DISTRIBUTION, OR PROMOTION OF CERTAIN SYNTHETIC SUBSTANCES. (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. 1) ' 75-29. May 21, 1973. (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. 2573), Sec. BAD FAITH CLAIM OF PATENT INFRINGEMENT PROHIBITED. We will also examine (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. (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. 1, eff. Sept. 1, 2003. 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. (g) The secretary of state may suspend or revoke a license issued under this section for failure to comply with this section or the rules adopted under this section. (d) Matters closed by the filing of an assurance of voluntary compliance may be reopened at any time. SUBCHAPTER K. REGULATING THE COLLECTION OR SOLICITATION BY FOR-PROFIT ENTITIES OF CERTAIN PUBLIC DONATIONS. DECEPTIVE TRADE PRACTICES UNLAWFUL. 724, Sec. (iii) has not failed an accreditation for certification. LIMITATION. 414, Sec. 414, 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. May 21, 1973. Sec. 1, eff. 1229, Sec. 17.59. This subchapter may be cited as the Deceptive Trade Practices-Consumer Protection Act. 2) ' 75-32. May 21, 1973. 172, Sec. This subchapter does not create a private cause of action for a violation of Section 17.952. September 1, 2017. In this subchapter, "end user" means a person that purchases, rents, leases, or otherwise obtains a product, service, or technology in the commercial market that is not for resale and that is, or later becomes, the subject of a patent infringement assertion due to the person's use of the product, service, or technology. Acts 2005, 79th Leg., Ch. 8, eff. 10+ years of experience. Sec. ); and. 1977-. (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. 989), Sec. 216, Sec. 17.884. Sec. (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. Sec. 2301 et seq. 17.46) protects consumers from unlawful business practices. WebUnder this authority, the Commission can seek civil penalties if it proves that (1) the company knew the conduct was unfair or deceptive in violation of the FTC Act and (2) the FTC had already issued a written decision (see below) that such conduct is unfair or deceptive. 785, Sec. 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. Sec. 17.821. Added by Acts 1973, 63rd Leg., p. 322, ch. Sec. 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. ____ PERCENT (INSERT PERCENTAGE) OF ALL PROCEEDS WILL BE DONATED TO (NAME OF CHARITABLE ORGANIZATION).". This e-book provides comprehensive, in-depth, and (b) If none of the proceeds from the sale of the donated items will be given to a charitable organization, the solicitor must state: (c) If any of the proceeds from the sale of the donated items will be given to a charitable organization, the solicitor 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).". Give to Texas Law Connect with Texas Law 3, eff. Aug. 27, 1979. (4) "State function" means a state governmental activity authorized or required by law. (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. Of violation constitutes a separate offense for certification `` Person '' includes an individual corporation... 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