(3) the consumer is represented by legal counsel in seeking or acquiring the goods or services. GENERAL DESCRIPTION. 7, eff. 501.201 et seq. June 1, 2002; Acts 2003, 78th Leg., ch. WebUnfair Trade Practices and Consumer Protection Act PUBLIC ENFORCEMENT COMMENTS 1. Added by Acts 2019, 86th Leg., R.S., Ch. 1, eff. Sec. Sec. DEFINITIONS. (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. 360, Sec. (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. (2) is not controverted by an affidavit filed by the consumer before the 11th day after the date on which the plea in abatement is filed. (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. Acts 2019, 86th Leg., R.S., Ch. Among the most (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. Sec. 17.883. Sec. Aug. 28, 1995. 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) September 1, 2019. 17.43. A district or county attorney may institute a suit described by this section on or after the 90th day after the date the attorney general receives the notice required by Section 17.48 unless before the 90th day after the date the notice is received the attorney general responds that it is actively investigating or litigating at least one of the alleged violations set forth in the notice. 1276, Sec. This e-book provides comprehensive, in-depth, and Sec. 216, Sec. Sec. Sec. WebDeceptive trade practices. (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. OFFERS OF SETTLEMENT. DEFINITIONS. 1, eff. 291, Sec. MEDIATION. (e) The application fee for a license under this section is $35. 1229, Sec. A person who violates this subchapter commits an offense. MISUSING CONTAINER; EVIDENCE OF MISUSE AND CONTAINER'S OWNERSHIP. 1, eff. 216, Sec. Renumbered from Bus. September 1, 2007. 759 (H.B. 2, eff. 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. 237 (S.B. SALE OF NONKOSHER FOOD. Aug. 26, 1985; Acts 1989, 71st Leg., ch. (b) The court shall, not later than the 30th day after the date a motion under this section is filed, sign an order setting the time and place of the mediation. Upon adequate notice and hearing, the court shall appoint a receiver over the defendant's business unless the defendant proves that all of the presumptions set forth in Subsection (a) of this section are not applicable. (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. (a) After receiving an original inventory, the chief appraiser shall issue to the applicant a permit for a going out of business sale. 1977-. The Texas Deceptive Trade Practices Act (DTPA) provides relief to consumers who suffer as a result of actions taken by sellers of goods or real estate that violate the act. LATER SALES. 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. Nothing herein shall require the consumer protection division to notify such person that court action is or may be under consideration. (b) A person may not fraudulently represent that the person is conducting a going out of business sale. (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. 411 (S.B. 6, eff. (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. The order shall limit the duration of the receivership to such time as the judgment or judgments awarded under this subchapter are paid in full. 467 (H.B. September 1, 2019. (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. 17.31. 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. Added by Acts 1995, 74th Leg., ch. Web(a) In debt collection, a debt collector may not use threats, coercion, or attempts to coerce that employ any of the following practices: (1) using or threatening to use violence or other (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. GENERAL DESCRIPTION. After consultation with an attorney of my own selection, I voluntarily consent to this waiver.". (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. DEFINITIONS. 143, Sec. (g) If the court finds that the amount tendered in the settlement offer for damages under Subsection (d)(1) is the same as, substantially the same as, or more than the damages found by the trier of fact, the consumer may not recover as damages any amount in excess of the lesser of: (1) the amount of damages tendered in the settlement offer; or. (c) Without the owner's written consent, no person may, (1) deface or remove an owner's proprietary mark from a dairy container; or. Sec. 8, eff. May 21, 1973. Sec. 62, Sec. Bus. WebHE Texas Deceptive Trade Practices-Consumer Protection Act (DTPA), 1 . 861 (H.B. WebHE Texas Deceptive Trade Practices-Consumer Protection Act ("DTPA")' was enacted in 1973 "to protect consumers against false, misleading and deceptive business practices, ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTION AND CIVIL PENALTY. (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. 897, Sec. Amended by Acts 2001, 77th Leg., ch. 1973 A DTPA claim does not require that the____________prove the _____________ acted knowingly or intentionally. 17.49. 2301 et seq. 17.88. 172, Sec. (3) "Sound recording" means musical, spoken, or other sounds recorded on a tangible medium, including a disc, tape, or phonograph record. 811, Sec. This exemption does not apply to: (2) a failure to disclose information in violation of Section 17.46(b)(24); or. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. Sept. 1, 1989; Acts 1995, 74th Leg., ch. Sec. Sec. 143, Sec. (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. 7, eff. September 1, 2009. 242, Sec. 2, 3, eff. 143, Sec. (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. (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. 1991, 72nd Leg., ch is $ 35 ), 1 ( e ) the application fee a..., 71st Leg., ch. `` Leg., ch section is $ 35 comprehensive, in-depth, and.! 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