17.57. MEAT LABELING. ORIGINAL INVENTORY. The DTPA empowers consumers and businesses to pursue legal action against deceptive companies and individuals as a consumer protection statute. While consumers in Texas are encouraged to be mindful of their financial and commercial activity, many consumers are unaware of the nuances of the DTPA. In addition to those fees, each licensee shall pay an amount equal to three percent of the licensee's annual gross receipts related to the licensed use in excess of $5,000 to the state as a royalty fee. 8, eff. We use cookies to enable digital experiences. 360, Sec. The consumer protection division shall notify the district or county attorney it no longer intends to actively investigate or litigate an alleged violation within a reasonable time of such determination. 17.4625. 17.85. 1, eff. 603, Sec. 1368 (S.B. Added by Acts 2003, 78th Leg., ch. (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). (4) "State function" means a state governmental activity authorized or required by law. May 21, 1973. 4170), Sec. September 1, 2017. DEADLINE FOR ORDERS. Sec. 2301 et seq. Amended by Acts 1995, 74th Leg., ch. (13) "Intentionally" means actual awareness of the falsity, deception, or unfairness of the act or practice, or the condition, defect, or failure constituting a breach of warranty giving rise to the consumer's claim, coupled with the specific intent that the consumer act in detrimental reliance on the falsity or deception or in detrimental ignorance of the unfairness. PENALTY. DEFINITION. (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. 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. 785, Sec. Definitions 17.08. 5 (2d ed. (d) Service of any demand may be made by: (1) delivering a duly executed copy of the demand to the person to be served or to a partner or to any officer or agent authorized by appointment or by law to receive service of process on behalf of that person; (2) delivering a duly executed copy of the demand to the principal place of business in the state of the person to be served; (3) mailing by registered mail or certified mail a duly executed copy of the demand addressed to the person to be served at the principal place of business in this state, or if the person has no place of business in this state, to his principal office or place of business. (c) A person commits an offense if the person contrives, prepares, establishes, operates, advertises, sells, or promotes a pyramid promotional scheme. 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. 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. September 1, 2007. (d) The court shall abate the suit if the court, after a hearing, finds that the person is entitled to an abatement because notice was not provided as required by this section. PRIVATE USE OF STATE SEAL. Acts 1967, 60th Leg., p. 2343, ch. 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. 811, Sec. 17.56. (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. SUBCHAPTER J. 2, eff. DECEPTIVE ADVERTISING. 237 (S.B. 1, eff. (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. Sept. 1, 1993; Acts 1995, 74th Leg., ch. Sec. 2, eff. 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. May 23, 1977. The Texas Deceptive Trade Practices Act was enacted to provide important protections for consumers. Broadly prohibits deceptive acts Strong Alaska Stat. SUBCHAPTER D. COUNTERFEITING OR CHANGING A REQUIRED MARK; MISUSE OF CONTAINER BEARING MARK. Sec. Second or subsequent violations of an injunction issued under this section are subject to the same penalties set out in Subsection (e) of this section. 1, eff. 411 (S.B. Give to Texas Law Connect with Texas Law Added by Acts 1985, 69th Leg., ch. Amended by Acts 2001, 77th Leg., ch. 380, Sec. Sec. 728 (H.B. Read online View details in library catalog Texas litigation guide Latest received: Automatic updates. 17.823. 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. 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. 17.30. File a Complaint If You Dispute a Debt (b) A district or county attorney, with prior written notice to the consumer protection division, may institute and prosecute actions seeking injunctive relief under this subchapter, after complying with the prior contact provisions of Subsection (a) of Section 17.47 of this subchapter. DAMAGES: DEFENSES. M. Bender. 3, eff. WebHE Texas Deceptive Trade Practices-Consumer Protection Act (DTPA), 1 . (9) "Knowingly" means actual awareness, at the time of the act or practice complained of, of the falsity, deception, or unfairness of the act or practice giving rise to the consumer's claim or, in an action brought under Subdivision (2) of Subsection (a) of Section 17.50, actual awareness of the act, practice, condition, defect, or failure constituting the breach of warranty, but actual awareness may be inferred where objective manifestations indicate that a person acted with actual awareness. 17.926. 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. Web74 Journal of Texas Consumer Law 2005 I. 143, Sec. Sept. 1, 1985. 595 (H.B. (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. September 1, 2015. (4) a foreclosure sale pursuant to a deed of trust or other lien. 172, Sec. 427, 449 (1984). Deceptive Advertising 17.29. Added by Acts 1973, 63rd Leg., p. 322, ch. VENUE. WebSec. 1, eff. (34) a warrantor of a vehicle protection product warranty using, in connection with the product, a name that includes "casualty," "surety," "insurance," "mutual," or any other word descriptive of an insurance business, including property or casualty insurance, or a surety business. (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. 1082, Sec. (f) A person licensed under this section shall maintain records relating to the licensee's use of the state seal in the manner required by the rules of the secretary of state. (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. (2) additional damages under Subsection (b). SALE OF NONHALAL FOOD. May 21, 1973. (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. 1082, Sec. Sec. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 8, eff. (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. These are: Click the card to flip Definition 1 / 69 -The false statement or representation of a material fact. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 17.41. DEFINITIONS. 1, eff. The attorney general may bring an action to enjoin a violation of this subchapter. (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. (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. (f) An order of the court awarding civil penalties under Subsection (e) of this section applies only to violations of the injunction incurred prior to the awarding of the penalty order. Sec. The Texas Deceptive Trade Practices Consumer Protection Act. (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. (3) a description of the place where the sale was held. WebBy Tekell, David G. James Publishing. 1, eff. (e) Except as agreed to by all parties who have appeared in the action, each party who has appeared shall participate in the mediation and, except as provided by Subsection (f), shall share the mediation fee. 11.102, eff. 17.44. Acts 2019, 86th Leg., R.S., Ch. (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. Sec. (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. 17.43. (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. Added by Acts 2007, 80th Leg., R.S., Ch. (3) "Household goods" mean furniture, furnishings, or personal effects used or for use in a dwelling. 17.565. 2, eff. Amended by Acts 2001, 77th Leg., ch. 380, Sec. Texas Deceptive Trade Practices Consumer Protection Act Guidelines. DECEPTIVE TRADE PRACTICES UNLAWFUL. 7, eff. (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. May 21, 1973. May 23, 1977; Acts 1979, 66th Leg., p. 1327, ch. (d) The waiver required by Subsection (c) may be modified to waive only specified rights under this subchapter. Sec. 17.56. Aug. 27, 1979; Acts 1983, 68th Leg., p. 4943, ch. (5) "Made by machine" means the producing or reproducing of a product in mass production by mechanically stamping, casting, blanking, or weaving. 6, eff. VOLUNTARY COMPLIANCE. Sept. 1, 1995. WebTexas Deceptive Trade Practices-Consumer Protection Act What Is The "Deceptive Trade Practices Act" The Texas Deceptive Trade Practices-Consumer Protection Act ("DTPA") was enacted on May 21, 1973. 2, eff. 1, eff. (b) The permit holder must post the permit in a conspicuous place at the location of the going out of business sale. (e) Except as specifically provided by Subsections (b) and (h), Section 17.50, nothing in this subchapter shall apply to a cause of action for bodily injury or death or for the infliction of mental anguish. & Com. 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. September 1, 2009. 1, eff. 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. 1080 (H.B. 17.5052. 11.101, eff. Amended by Acts 1979, 66th Leg., p. 1327, ch. (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. 1, eff. 2552), Sec. September 1, 2019. (3) "Person" means an individual, partnership, corporation, association, or other group, however organized. MEDIATION. Added by Acts 1973, 63rd Leg., p. 322, ch. An act or practice is not specifically authorized if no rule or regulation has been issued on the act or practice. Sec. Aug. 26, 1985; Acts 1989, 71st Leg., ch. PERMIT. 1, eff. Sept. 1, 1995. 2018), Sec. 17.55A by Acts 1987, 70th Leg., ch. Within 30 days after the day that the going out of business sale ends, the permit holder shall file with the chief appraiser a final inventory. 3, eff. PENALTIES. Sept. 1, 1995. Broadly prohibits unfair or unconscionable acts Strong Alaska Stat. Acts 2015, 84th Leg., R.S., Ch. (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. (2) "Container" means a bakery basket or tray, dairy case, egg basket, poultry box, or other container used to transport, store, or carry a product. September 1, 2007. (b) Nothing in this subchapter shall apply to acts or practices authorized under specific rules or regulations promulgated by the Federal Trade Commission under Section 5(a)(1) of the Federal Trade Commission Act [15 U.S.C.A. (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. (a) If a money judgment entered under this subchapter is unsatisfied 30 days after it becomes final and if the prevailing party has made a good faith attempt to obtain satisfaction of the judgment, the following presumptions exist with respect to the party against whom the judgment was entered: (1) that the defendant is insolvent or in danger of becoming insolvent; and, (2) that the defendant's property is in danger of being lost, removed, or otherwise exempted from collection on the judgment; and, (3) that the prevailing party will be materially injured unless a receiver is appointed over the defendant's business; and. 2427), Sec. 1, eff. 17.822. (5) "State seal" means the state seal, the reverse of the state seal, and the state arms as defined by Sections 3101.001 and 3101.002, Government Code. The DTPA and Warranty Law: An Overview the consumer was under the DTPAs two-year limitations period. REVISED 02-14-2023. (5) a violation of Section 17.46(b)(26). VENUE. 1013, Sec. This Assistant Attorney General III-V position's work involves representing the State's interest in charitable trusts, 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. (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. 962, Sec. 143, Sec. '75-1.1. DUTY OF DISTRICT AND COUNTY ATTORNEY. (b) A waiver under Subsection (a) is not effective if the consumer's legal counsel was directly or indirectly identified, suggested, or selected by a defendant or an agent of the defendant. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 2003. Bus. Acts 2011, 82nd Leg., R.S., Ch. SUBCHAPTER K. REGULATING THE COLLECTION OR SOLICITATION BY FOR-PROFIT ENTITIES OF CERTAIN PUBLIC DONATIONS. The consumer protection division shall file its motion for intervention with the court before which the action is pending and serve a copy of the motion on each party to the action. September 1, 2017. The court may not revoke or suspend a license to do business in this state or appoint a receiver to take over the affairs of a person who has failed to satisfy a judgment if the person is a licensee of or regulated by a state agency which has statutory authority to revoke or suspend a license or to appoint a receiver or trustee. WebIf you think you have been harassed or deceived, you can even seek injunctions and damages against debt collectors. (B) the 10th day before the date of any hearing on class certification or a proposed settlement. Added by Acts 1989, 71st Leg., ch. (h) This section does not apply to an action brought by the attorney general under Section 17.47. (2) a fine of not less than $5 nor more than $10 for each violation concerning any other container. Acts 2019, 86th Leg., R.S., Ch. 11.19, eff. 143, Sec. Added by Acts 1985, 69th Leg., ch. 388, Sec. 989), Sec. 17.01. (8) "Poultry box" means a permanent type of container that is used by a processor, distributor, retailer, or food service establishment or an agent of one of those persons to transport, store, or carry poultry. 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. Nothing in this subchapter shall be construed to limit the authority of a local government to adopt an ordinance or regulation relating to the use of public donations receptacles as a collection point for donated clothing or household goods if the ordinance or regulation is compatible with and equal to or more stringent than a requirement prescribed by this subchapter. September 1, 2019. 1, eff. 1, eff. 17.08. 17.61. (b) If a person fails to comply with a directive of the consumer protection division under Section 17.60 of this subchapter or with a civil investigative demand for documentary material served on him under Section 17.61 of this subchapter, or if satisfactory copying or reproduction of the material cannot be done and the person refuses to surrender the material, the consumer protection division may file in the district court in the county in which the person resides, is found, or transacts business, and serve on the person, a petition for an order of the court for enforcement of Sections 17.60 and 17.61 of this subchapter. An act or practice that is a violation of a provision of law other than this subchapter may be made the basis of an action under this subchapter if the act or practice is proscribed by a provision of this subchapter or is declared by such other law to be actionable under this subchapter. 17.901. 1, eff. WebThis course deals with the Texas Deceptive Trade Practices - Consumer Protection Act (DTPA), which is the primary consumer protection statute in Texas. (d) If a district or county attorney, under the authority of this section, executes and serves a civil investigative demand and files a petition described by Section 17.61(g), the petition must be filed in the district court in the county where the parties reside. 1977-. & C. Code Sec. Sec. (16) "Loss of or damage to the vehicle," for purposes of Subdivision (14)(A)(ii), may also include unreimbursed incidental expenses that may be incurred by the warrantor, including expenses for a replacement vehicle, temporary vehicle rental expenses, and registration expenses for replacement vehicles. (3) an order requiring restitution to a victim for legal and professional expenses related to the violation. 17.953. May 28, 1997; Acts 2003, 78th Leg., ch. 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