PENALTY. 143, Sec. 2, eff. 6, eff. 143, Sec. (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). 921 (H.B. Added by Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. Such prior contact shall not be required if, in the opinion of the consumer protection division, there is good cause to believe that such person would evade service of process if prior contact were made or that such person would destroy relevant records if prior contact were made, or that such an emergency exists that immediate and irreparable injury, loss, or damage would occur as a result of such delay in obtaining a temporary restraining order. Sept. 1, 1995. 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. Added by Acts 1973, 63rd Leg., p. 322, ch. 216, Sec. (c) The court, on a showing of good cause, may allow the consumer protection division, as representative of the public, to intervene in an action to which this section applies. (a) Whenever the consumer protection division believes that any person may be in possession, custody, or control of the original copy of any documentary material relevant to the subject matter of an investigation of a possible violation of this subchapter, an authorized agent of the division may execute in writing and serve on the person a civil investigative demand requiring the person to produce the documentary material and permit inspection and copying. (4) remove, obliterate, or alter a serial number, name, or mark affixed to a shopping cart or laundry cart. Sec. 2018), Sec. DECEPTIVE ADVERTISING. (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. Sec. (b) A person commits an offense if the person is required to label meat in accordance with this section and the person knowingly sells meat that is not labeled as provided in this section. 489 (H.B. Added by Acts 1985, 69th Leg., ch. 1, eff. 3, eff. 9, eff. 380, Sec. Added by Acts 1985, 69th Leg., ch. (3) an unconscionable action or course of action that cannot be characterized as advice, judgment, or opinion. (b) Without the owner's consent, no person may, (1) fill with milk, cream, butter, or ice cream; damage; mutilate; or destroy a dairy container bearing the owner's commonly used proprietary mark; or. 172, Sec. APPLICATION. The report must include a statement regarding the final disposition of the matter. 17.81. CUMULATIVE REMEDIES. 45.50.471(a) c. Provides the state agency substantive rulemaking authority 388, Sec. 17.881. A Consumer Update: Recent Developments Under the Texas Deceptive Trade Practices Act, 20 ST. MARY'S L.J. (f) Nothing in the subchapter shall apply to a claim arising out of a written contract if: (1) the contract relates to a transaction, a project, or a set of transactions related to the same project involving total consideration by the consumer of more than $100,000; (2) in negotiating the contract the consumer is represented by legal counsel who is not directly or indirectly identified, suggested, or selected by the defendant or an agent of the defendant; and. 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. 17.85. Acts 2007, 80th Leg., R.S., Ch. Sec. The Act, enacted in 1973, defends consumers against 17.46. (5) "Made by machine" means the producing or reproducing of a product in mass production by mechanically stamping, casting, blanking, or weaving. Aug. 27, 1979; Acts 1995, 74th Leg., ch. 1.002, eff. Added by Acts 2015, 84th Leg., R.S., Ch. 1, eff. PRICE GOUGING DURING DECLARED DISASTER. 1082, Sec. (6) "Name or mark" means any permanently affixed or permanently stamped name or mark that is used for the purpose of identifying the owner of a shopping cart, laundry cart, or container. (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. Amended by Acts 1977, 65th Leg., p. 604, ch. 727 East Dean Keeton St. Austin, Texas 78705 (512) 471-5151. Web17.41. (b) The prosecuting attorney in the county in which a violation of Section 17.902 occurs, with prior written notice to the attorney general, may institute and prosecute an action seeking injunctive relief under this section. (a) This section applies only to an act described by Section 17.46(b)(31). 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. Sept. 1, 1991. 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. 1, eff. May 21, 1973. (a) Except as provided by Subsection (b), a person who violates this subchapter is liable to this state for a civil penalty in an amount not to exceed $500 for each violation. 1265), Sec. If damages or civil penalties are assessed against the seller of goods or services for advertisements or promotional material in a suit filed under Section 17.47, 17.48, 17.50, or 17.51 of this subchapter, the seller of the goods or services has a cause of action against a third party for the amount of damages or civil penalties assessed against the seller plus attorneys' fees on a showing that: (1) the seller received the advertisements or promotional material from the third party; (2) the seller's only action with regard to the advertisements or promotional material was to disseminate the material; and. (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. (c) No person may wilfully misrepresent the ownership of a business for the purpose of holding a liquidation sale, auction sale, or other sale which represents that the business is going out of business. Sec. (h) If the court makes the finding described by Subsection (g), the court shall determine reasonable and necessary attorneys' fees to compensate the consumer for attorneys' fees incurred before the date and time of the rejected settlement offer. Amended by Acts 1995, 74th Leg., ch. UNAUTHORIZED ADVERTISEMENT, PROMOTION, OR CONDUCTION OF CERTAIN LIVE MUSICAL PERFORMANCES. 17.923. Added by Acts 1995, 74th Leg., ch. 17.01. As a prerequisite to filing a suit seeking damages under this Act, the consumer must send a 17.48. 1, eff. (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. 17.08. WebThis course deals with the Texas Deceptive Trade Practices - Consumer Protection Act (DTPA), which is the primary consumer protection statute in Texas. (a) If the attorney general has reason to believe that a person is engaging in, has engaged in, or is about to engage in an act or practice that violates Section 17.902, and that proceedings would be in the public interest, the attorney general may bring an action in the name of the state against the person to restrain that act or practice by temporary or permanent injunction. May 23, 1977; Acts 1979, 66th Leg., p. 1332, ch. 414, Sec. The permit is valid for 120 days after the day that it is issued and is not renewable. 1, eff. 1276, Sec. 776), Sec. (i) If the court finds that the offering party could not perform the offer at the time the offer was made or that the offering party substantially misrepresented the cash value of the offer, Subsections (g) and (h) do not apply. Representation of eligibility to win a prize.iii Intention may be inferred from objective manifestations that indicate that the person acted intentionally or from facts showing that a defendant acted with flagrant disregard of prudent and fair business practices to the extent that the defendant should be treated as having acted intentionally. Sept. 1, 1987. 17.60. (e) Any person who violates the terms of an injunction under this section shall forfeit and pay to the state a civil penalty of not more than $10,000 per violation, not to exceed $50,000. 603, Sec. (C) time and effort spent in pursuit of a sale or in a recruiting activity. IDENTIFICATION, POSSESSION, AND USE OF CERTAIN CONTAINERS. 2427), Sec. NOTICE OF FILING OF ORIGINAL INVENTORY. 603, Sec. 759 (H.B. Sec. & C. Code Sec. September 1, 2007. (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. SUBCHAPTER I. LABELING, ADVERTISING, AND SALE OF HALAL FOODS. PERMIT. 17.955. Amended by Acts 1977, 65th Leg., p. 602, ch. (c)(1) It is the intent of the legislature that in construing Subsection (a) of this section in suits brought under Section 17.47 of this subchapter the courts to the extent possible will be guided by Subsection (b) of this section and the interpretations given by the Federal Trade Commission and federal courts to Section 5(a)(1) of the Federal Trade Commission Act [15 U.S.C.A. Amended by Acts 1995, 74th Leg., ch. September 1, 2015. (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. May 21, 1973. 17.90. (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). Sept. 1, 1995. 989), Sec. 414, Sec. 216, Sec. 17.46. Each sale of a donated item is considered a separate violation for purposes of this subsection. 570, Sec. NO PRIVATE CAUSE OF ACTION. 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. Acts 2007, 80th Leg., R.S., Ch. (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. (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. 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. 414, Sec. 17.904. (a) No person may disseminate a statement he knows materially misrepresents the cost or character of tangible personal property, a security, service, or anything he may offer for the purpose of, (1) selling, contracting to sell, otherwise disposing of, or contracting to dispose of the tangible personal property, security, service, or anything he may offer; or. Sec. (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. 1, eff. 11.102, eff. 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. (c) A person commits an offense if the person contrives, prepares, establishes, operates, advertises, sells, or promotes a pyramid promotional scheme. (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. Sept. 1, 1985. (2) "proprietary mark" includes word, name, symbol, device, and any combination of them in any form or arrangement, used by a person to identify his tangible personal property and distinguish it from the tangible personal property of another. The term does not include payment based on sale of a product to a person, including a participant, who purchases the product for actual use or consumption. MISUSING CONTAINER; EVIDENCE OF MISUSE AND CONTAINER'S OWNERSHIP. Added by Acts 1979, 66th Leg., p. 1332, ch. 9, eff. 17.953. After consultation with an attorney of my own selection, I voluntarily consent to this waiver.". (d) A person's commonly used proprietary mark on a dairy container is prima facie evidence of that person's ownership of the container. 167, Sec. 2, eff. On September 29, the CFPB released its fifth biennial report to Congress on the consumer credit card market. ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTION AND CIVIL PENALTY. 2, eff. 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