17.55A by Acts 1987, 70th Leg., ch. 2, eff. LOCAL ORDINANCE OR REGULATION. Amended by Acts 1977, 65th Leg., p. 602, ch. (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. 411 (S.B. Whenever the consumer protection division has reason to believe that a person is engaging in, has engaged in, or is about to engage in any act or practice declared to be unlawful by this subchapter, or when it reasonably believes it to be in the public interest to conduct an investigation to ascertain whether any person is engaging in, has engaged in, or is about to engage in any such act or practice, an authorized member of the division may: (1) require the person to file on the prescribed forms a statement or report in writing, under oath or otherwise, as to all the facts and circumstances concerning the alleged violation and such other data and information as the consumer protection division deems necessary; (2) examine under oath any person in connection with this alleged violation; (3) examine any merchandise or sample of merchandise deemed necessary and proper; and. 603, Sec. 17.49. 336, Sec. REVISED 02-14-2023. 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. (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. (c) Before advertising a going out of business sale, the permit holder shall deliver a copy of the permit to the person publishing or broadcasting the advertisement. (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. 17.29. (c) A person's proprietary mark appearing on or in a statement described in Subsection (a) of this section is prima facie evidence that the person disseminated the statement. 883, Sec. CIVIL REMEDY. (a) A person who receives notice under Section 17.505 may tender an offer of settlement at any time during the period beginning on the date the notice is received and ending on the 60th day after that date. 17.835. (10) "Business consumer" means an individual, partnership, or corporation who seeks or acquires by purchase or lease, any goods or services for commercial or business use. 414, Sec. 1601 et seq.). 962, Sec. Amended by Acts 1985, 69th Leg., ch. 143, Sec. 143, Sec. September 1, 2017. (c) The consumer protection division may not bring an action under Section 17.47 for an act or practice described by Subsection (b) if the price alleged to be unconscionable is less than 200 percent of the average charge for the same or substantially similar care provided to other individuals by emergency rooms of hospitals located in the same county or nearest county in which the emergency facility is located, as applicable, according to data collected by the Department of State Health Services under Chapter 108, Health and Safety Code, and made available to the division, except as provided by Subsection (d). (b) A person may not fraudulently represent that the person is conducting a going out of business sale. (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. (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. Added by Acts 1973, 63rd Leg., p. 322, ch. 776), Sec. (e) A person who violates a provision of Subsection (b) of this section is guilty of a misdemeanor and upon conviction is punishable by, (1) a fine of not less than $25 nor more than $50 for each violation concerning a drink-dispensing fountain; or. 17.925. Acts 2017, 85th Leg., R.S., Ch. September 1, 2007. (g) Chapter 41, Civil Practice and Remedies Code, does not apply to a cause of action brought under this subchapter. Sec. 414, Sec. Sept. 1, 1995. May 21, 1973. 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. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. (3) "Household goods" mean furniture, furnishings, or personal effects used or for use in a dwelling. Aug. 27, 1979; Acts 1989, 71st Leg., ch. September 1, 2019. The provisions of this subchapter do not in any way preclude other political subdivisions of this state from dealing with deceptive trade practices. 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. (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. 17.90. Give to Texas Law Connect with Texas Law 1353), Sec. 2065), Sec. Acts 2017, 85th Leg., R.S., Ch. RELIEF FOR CONSUMERS. Aug. 31, 1981; Acts 1983, 68th Leg., p. 4943, ch. 324 (S.B. 603, Sec. (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. (3) the contract does not involve the consumer's residence. 2573), Sec. 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. Section 1395 et seq. The prosecuting attorney shall make a full report to the attorney general regarding any action prosecuted by the prosecuting attorney under this subsection. 2, eff. (a) A person engages in a deceptive trade practice when, in the course of his or her business, vocation, or occupation, the person: (1) passes off goods or services as those of another; (2) causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services; Amended by Acts 1977, 65th Leg., p. 603, ch. 1, eff. 883, Sec. Sec. Sec. A license issued under this section expires one year after the date of issuance and may be renewed. 17.5052. MEDIATION. The clerk shall issue a separate subpoena and a copy thereof for each witness subpoenaed. Cessation of unlawful conduct after such prior contact shall not render such court action moot under any circumstances, and such injunctive relief shall lie even if such person has ceased such unlawful conduct after such prior contact. (a) Whenever the consumer protection division has reason to believe that any person is engaging in, has engaged in, or is about to engage in any act or practice declared to be unlawful by this subchapter, and that proceedings would be in the public interest, the division may bring an action in the name of the state against the person to restrain by temporary restraining order, temporary injunction, or permanent injunction the use of such method, act, or practice. 17.12. WebIn Texas we have the DECEPTIVE TRADE PRACTICES CONSUMER PROTECTION ACT that i believe this would fall under. Sept. 1, 1987. (d) A person who violates a provision of Subsection (a) or (b) of this Section is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $10 nor more than $200. May 21, 1973. (a) In this section: (1) "Bakery basket or tray" means a wire or plastic container that holds bread or other baked goods and is used by a distributor or retailer or an agent of a distributor or retailer to transport, store, or carry bakery products. & C. Code Sec. (2) "Label" means a display of written, printed, or graphic matter on the immediate article or container of any food product. 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. (4) a foreclosure sale pursuant to a deed of trust or other lien. Sec. May 23, 1977; Acts 1979, 66th Leg., p. 1329, ch. (a) A party may, not later than the 90th day after the date of service of a pleading in which relief under this subchapter is sought, file a motion to compel mediation of the dispute in the manner provided by this section. 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. WebSection 17.46 - Deceptive Trade Practices Unlawful (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. (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. If you have been misled or deceived in a commercial transaction, the Texas consumer fraud attorneys at Tauler Smith LLP can help you file a DTPA claim. Private Use of State Seal 17.11. 6, eff. 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) 2, eff. Sec. 4, eff. Sec. WebThe most comprehensive and current discussion of the Texas Deceptive Trade Practices Act. (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)(4) must state: "THIS DONATION RECEPTACLE IS OPERATED BY (NAME OF FOR-PROFIT ENTITY OR INDIVIDUAL) ON BEHALF OF (NAME OF CHARITABLE ORGANIZATION). ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTION AND CIVIL PENALTY. 380, Sec. Aug. 27, 1979. May 21, 1973. (7) "Turquoise" means a hydrous copper sulphate containing aluminum salts plus iron. Amended by Acts 2001, 77th Leg., ch. & Com. (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. UNLAWFUL ACTS. 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. Added by Acts 1973, 63rd Leg., p. 322, ch. If you spot price gouging Unfair and deceptive trade names; use of term "wholesale" in advertising. Sec. The Texas Deceptive Trade Practices Act (DTPA), Tex. An offense under this section is a Class B misdemeanor. Added by Acts 1985, 69th Leg., ch. 138, Sec. ; violation of Floridas Deceptive and Unfair Trade Practices Act, F.S.A. (g) At any time before the return date specified in the demand, or within 20 days after the demand has been served, whichever period is shorter, a petition to extend the return date for, or to modify or set aside the demand, stating good cause, may be filed in the district court in the county where the parties reside, or a district court of Travis County. 17.30. 414, Sec. 414, Sec. 4, eff. (17) "Building materials" includes lumber, windows, and other materials used in the construction or repair of improvements to real property. Sec. 1080 (H.B. (b) An offense under this section is a Class A misdemeanor. A suit is automatically abated without the order of the court beginning on the 11th day after the date a plea in abatement is filed under Subsection (c) if the plea in abatement: (1) is verified and alleges that the person against whom the suit is pending did not receive the written notice as required by Subsection (a); and. (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. May 21, 1973. Sept. 1, 1989; Acts 1995, 74th Leg., ch. Sec. 4, eff. 17.852. Aug. 28, 1995. (6) any other matter that justice may require. (5) "Made by machine" means the producing or reproducing of a product in mass production by mechanically stamping, casting, blanking, or weaving. 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. 1, eff. 17.901. 1, eff. 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. 8.01, eff. Sept. 1, 1967. 5.95(49), eff. Amended by Acts 1995, 74th Leg., ch. (k) An offer of settlement is not an admission of engaging in an unlawful act or practice or liability under this subchapter. (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. 1, eff. (e) Documentary material demanded pursuant to this section shall be produced for inspection and copying during normal business hours at the principal office or place of business of the person served, or at other times and places as may be agreed on by the person served and the consumer protection division. WebBy Tekell, David G. James Publishing. 5.02(6), eff. 1, eff. (3) "Person" means an individual, partnership, corporation, association, or other group, however organized. (2) demands or charges an unconscionable price for or in connection with emergency care or other care at the facility. (2) additional damages under Subsection (b). WebN.C.G.S. (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. Sept. 1, 2003. DAMAGES: DEFENSES. (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. (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. DECEPTIVE TRADE PRACTICES UNLAWFUL. The Texas A. Texas Deceptive Trade Practices Act . 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