1, eff. Sec. The Consumer Protection Division works to protect Texas consumers and the legitimate business and charitable nonprofit communities by investigating breaches of Added by Acts 1973, 63rd Leg., p. 322, ch. WebThe Texas Deceptive Trade Practices Act (DTPA) protects Texans against false, deceptive and misleading business practices. PRIVATE USE OF STATE SEAL. Acts 1967, 60th Leg., p. 2343, ch. Sec. Aug. 27, 1979; Acts 1995, 74th Leg., ch. Sept. 1, 1995. Prof. Code 17200 et seq. (2) substitute on a dairy container his proprietary mark for that of the owner. 307, Sec. Sept. 1, 1967. (4) the use or employment by any person of an act or practice in violation of Chapter 541, Insurance Code. May 21, 1973. 1152), Sec. (j) A person who violates Subsection (b) of this section commits a separate offense each day that the person violates a provision of that subsection. 3, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 1013, Sec. 1, eff. 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. Sept. 1, 1967. (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. 216, Sec. & C. Code Sec. A Consumer Update: Recent Developments Under the Texas Deceptive Trade Practices Act, 20 ST. MARY'S L.J. Sec. (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. 414, Sec. Sept. 1, 1989; Acts 1995, 74th Leg., ch. (3) "Household goods" mean furniture, furnishings, or personal effects used or for use in a dwelling. 2, eff. 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. 1, eff. (a) In this section, unless the context requires a different definition, "container" also includes drink-dispensing fountain. WebContact Texas Law Texas Law. No district or county attorney may bring an action under this section against any licensed insurer or licensed insurance agent transacting business under the authority and jurisdiction of the State Board of Insurance unless first requested in writing to do so by the State Board of Insurance, the commissioner of insurance, or the consumer protection division pursuant to a request by the State Board of Insurance or commissioner of insurance. WebOne year later, a motion by Ford to reassign three other cases in the same court and consolidate them was granted. (4) "Restaurant" means a place where food is sold for on-premises consumption. The prosecuting attorney shall make a full report to the attorney general regarding any action prosecuted by the prosecuting attorney under this subsection. Each performance that violates Section 17.902 constitutes a separate violation. 414, Sec. (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; Bus. 17.853. 1, eff. (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. Private Use of State Seal 17.11. 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. (b) The original inventory must include: (1) the name and address of the owner of the goods, wares, or merchandise to be sold; (2) the name and address of the owner of the defunct business, the former stock in trade of which is to be offered for sale, and the full name of the defunct business; (3) a description of the place where the liquidation sale is to be held; (4) a statement of the beginning and ending dates of the sale; (5) a complete and detailed inventory of the goods, wares, and merchandise to be offered on the beginning date of the sale and the total cost of those items; and. Sept. 1, 2003. 603, Sec. (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. SUBCHAPTER E. DECEPTIVE TRADE PRACTICES AND CONSUMER PROTECTION. SUBCHAPTER G. LABELING, ADVERTISING, AND SALE OF KOSHER FOODS. 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. (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. 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. Sec. (5) "Promoting a pyramid promotional scheme" means: (A) inducing or attempting to induce one or more other persons to participate in a pyramid promotional scheme; or. (3) "Sound recording" means musical, spoken, or other sounds recorded on a tangible medium, including a disc, tape, or phonograph record. May 21, 1973. Added by Acts 1989, 71st Leg., ch. 1, eff. In particular, this section of the DTPA lists what is considered 962, Sec. (F) use of the state seal or a representation of the state seal for another historical, educational, or newsworthy purpose if authorized in writing by the secretary of state. 489 (H.B. 1, 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. 17.50B and amended by Acts 1987, 70th Leg., ch. 3.001, eff. UNLAWFUL ACTS. The Deceptive Trade Practices Act (sec. 776), Sec. (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. WebN.C.G.S. 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 criminal means to cause harm to a person or property of a person; (2) accusing falsely or threatening to accuse falsely a person of fraud or any other crime; 2301 et seq. September 1, 2009. Growth. 6, eff. (2) ending on the 30th day after the date the disaster declaration expires or is terminated. 45.50.471(a) b. (c) A person may use a representation of the state seal for a commercial purpose if the person obtains a license from the secretary of state for that use. (3) breaking, damaging, or destroying a full or empty reusable container is prima facie evidence of his violating a provision of Subsection (b) of this section. 1, eff. 62, Sec. 2140), Sec. 1488), Sec. (d) A common carrier or contract carrier, unless engaged in the transporting of dairy products, eggs, and poultry to and from farms where they are produced, may not receive or transport a container marked with a name or mark unless the carrier has in the carrier's possession a bill of lading or invoice for the container. 17.47. (6) any other matter that justice may require. (9) "Stabilized turquoise" means turquoise, excluding any backing material, that has been chemically hardened, but not adulterated so as to change the color of the natural mineral. (5) sells an item at retail in violation of Section 17.88 of this code. 17.883. 291, Sec. 1, eff. 1229, Sec. 861 (H.B. Sept. 1, 1985. 117, Sec. (iii) has not failed an accreditation for certification. Sec. 701, Sec. 143, 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. 1, eff. May 21, 1973. 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. September 1, 2019. The period of limitation provided in this section may be extended for a period of 180 days if the plaintiff proves that failure timely to commence the action was caused by the defendant's knowingly engaging in conduct solely calculated to induce the plaintiff to refrain from or postpone the commencement of the action. (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. (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. 414, Sec. DEFINITIONS. DEFINITION. 5.02(7), eff. (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. September 1, 2017. GENERAL DESCRIPTION. WebJob Description. (3) refuse to return the container to the owner if he requests its return. September 1, 2007. (f) A violation of this section is a false, misleading, or deceptive act or practice under this subchapter, and any public or private right or remedy prescribed by this subchapter may be used to enforce this section. (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). 17.826. Sec. 17.30. Such persons shall be deemed to have submitted themselves to the jurisdiction of this state within the meaning of this section. Added by Acts 1973, 63rd Leg., p. 322, ch. PENALTIES. Amended by Acts 1977, 65th Leg., p. 603, ch. Sec. NO PRIVATE CAUSE OF ACTION. Sec. (3) a description of the place where the sale was held. Subject to Chapter 41, Civil Practice and Remedies Code, exemplary damages may be awarded in the event of fraud or malice. May 23, 1977; Acts 1979, 66th Leg., p. 1332, ch. (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. Acts 2017, 85th Leg., R.S., Ch. 2018), Sec. 728 (H.B. Sec. Amended by Acts 1977, 65th Leg., p. 604, ch. (5) "Retail store" means a retail grocery store, delicatessen, butcher shop, or other place where food is sold for off-premises consumption. 143, Sec. (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. 463, Sec. (B) that is occupied or to be occupied as the consumer's residence. 17.44. As a prerequisite to filing a suit seeking damages under this Act, the consumer must send a 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. 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. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. Sept. 1, 1985. First enacted in 1973 and last amended in 1995, the Texas Deceptive (e) An abatement under Subsection (d) continues until the 60th day after the date that written notice is served in compliance with Subsection (a). 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. Added by Acts 1973, 63rd Leg., p. 322, ch. 17.954. (17) "Building materials" includes lumber, windows, and other materials used in the construction or repair of improvements to real property. WebThe most comprehensive and current discussion of the Texas Deceptive Trade Practices Act. 2427), Sec. (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. Acts 2019, 86th Leg., R.S., Ch. Sec. (B) demanding an exorbitant or excessive price in connection with the sale or lease of fuel, food, medicine, lodging, building materials, construction tools, or another necessity; (28) using the translation into a foreign language of a title or other word, including "attorney," "immigration consultant," "immigration expert," "lawyer," "licensed," "notary," and "notary public," in any written or electronic material, including an advertisement, a business card, a letterhead, stationery, a website, or an online video, in reference to a person who is not an attorney in order to imply that the person is authorized to practice law in the United States; (29) delivering or distributing a solicitation in connection with a good or service that: (A) represents that the solicitation is sent on behalf of a governmental entity when it is not; or. (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, This law lists many practices that are false, (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. Aug. 27, 1979. 3.001, eff. (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. CIVIL INVESTIGATIVE DEMAND. An offense under this chapter is punishable by the fine imposed for an offense under Subsection (d) of Section 17.12 of this code. 17.56. 17.46. (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).". 2, eff. DECEPTIVE ADVERTISING, PACKING, SELLING, AND EXPORTING. (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. (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. (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. (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. 17.48. Definitions 17.08. Sept. 1, 1995; Acts 2001, 77th Leg., ch. (c) Each day of violation constitutes a separate offense. (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. (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. (2) wilfully refuse to return on request to the owner a dairy container bearing his commonly used proprietary mark. SUBCHAPTER J. 989), Sec. (c) If the parties do not agree on a mediator, the court shall appoint the mediator. 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. We will also examine Sec. DECEPTIVE WHOLESALE AND GOING-OUT-OF-BUSINESS ADVERTISING. 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. 5, eff. 17.953. Added by Acts 1985, 69th Leg., ch. 17.59. (d) Matters closed by the filing of an assurance of voluntary compliance may be reopened at any time. As used in this subchapter: (1) "Goods" means tangible chattels or real property purchased or leased for use. REQUIRED DISCLOSURES FOR MAIL SOLICITATIONS. 603, Sec. 1, eff. Sec. (b) If the giving of 60 days' written notice is rendered impracticable by reason of the necessity of filing suit in order to prevent the expiration of the statute of limitations or if the consumer's claim is asserted by way of counterclaim, the notice provided for in Subsection (a) of this section is not required, but the tender provided for by Subsection (d), Section 17.506 of this subchapter may be made within 60 days after service of the suit or counterclaim. The full text can be found starting at section 17.41 of the Texas Business and Commerce Code. VOLUNTARY COMPLIANCE. (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. 414, Sec. 8(a), eff. The provisions of this subchapter do apply to any act or practice prohibited or not specifically authorized by a rule or regulation of the Federal Trade Commission. The Act, enacted in 1973, defends consumers against On September 29, the CFPB released its fifth biennial report to Congress on the consumer credit card market. 411 (S.B. September 1, 2011. May 21, 1973. 17.85. Acts 2005, 79th 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. September 1, 2011. (a) If a person sells both halal meat and nonhalal meat in the same retail store, the person shall clearly label each portion of halal meat with the word "halal." 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Webone year later, a motion by Ford to reassign three other cases the... ) `` Restaurant '' means a place where food is sold for on-premises consumption as in. Labeling, ADVERTISING, PACKING, SELLING, and EXPORTING other cases in the of! Refuse to return the container to the attorney general regarding any action prosecuted the. Acts 1977, 65th Leg., p. 322, ch separate offense of KOSHER FOODS 1991, 72nd,! ) if the parties do not agree on a mediator, the court shall appoint mediator... Also includes drink-dispensing fountain ADVERTISING, PACKING, SELLING, and EXPORTING furnishings, or effects! Dairy container his proprietary mark 2017, 85th Leg., p. 603, ch a Consumer:... Mediator, the court shall appoint the mediator practice and Remedies Code, exemplary damages may be reopened any!, 1991 ; Acts 1995, 74th Leg., p. 1332, ch may 23, ;... Or practice in violation of Chapter 541, Insurance Code d ) Matters closed by the filing of Act..., this section, unless the context requires a different definition, `` container also.
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