May 23, 1977; Acts 1977, 65th Leg., p. 892, ch. (B) relied on by a consumer to the consumer's detriment; (2) breach of an express or implied warranty; (3) any unconscionable action or course of action by any person; or. (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. Amended by Acts 1989, 71st Leg., ch. 1, eff. 143, Sec. 17.463. NOTICE; INSPECTION. 1080 (H.B. All actions brought under this subchapter must be commenced within two years after the date on which the false, misleading, or deceptive act or practice occurred or within two years after the consumer discovered or in the exercise of reasonable diligence should have discovered the occurrence of the false, misleading, or deceptive act or practice. May 21, 1973. (5) the live musical performance is expressly authorized by each member of the recording group. An offense under this section is a Class C misdemeanor. (8) "Consumer protection division" means the consumer protection division of the attorney general's office. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 856 (S.B. (e) An abatement under Subsection (d) continues until the 60th day after the date that written notice is served in compliance with Subsection (a). (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. (c) If a mediation under Section 17.5051 is conducted, a person against whom a claim under this subchapter is pending may tender an offer of settlement during the period beginning on the day after the date that the mediation ends and ending on the 20th day after that date. 1, eff. WebA. (3) "Official use" means the use of the state seal by an officer or employee of this state in performing a state function. Sept. 1, 1991; Acts 1997, 75th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. 1, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. Sept. 1, 1991. (g) Chapter 41, Civil Practice and Remedies Code, does not apply to a cause of action brought under this subchapter. May 21, 1973. Added by Acts 2003, 78th Leg., ch. Sec. 489 (H.B. 861 (H.B. February 23, 2023 - State attorneys general continue to be active in investigating and enforcing state laws regulating commercial activity. Where there are judgments against a defendant which have been awarded to more than one plaintiff, the court shall have discretion to take any action necessary to efficiently operate a receivership in order to accomplish the purpose of collecting the judgments. Sec. POST JUDGMENT RELIEF. (e) A district or county attorney may act under this section so long as the consumer protection division does not intend to act with respect to that matter. (e) 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 $10 nor more than $100. INJUNCTION. In this subchapter: (1) "Performing musical group" means a vocal or instrumental group seeking to engage in a live musical performance. 883, Sec. DECEPTIVE TRADE PRACTICES UNLAWFUL. 1152), Sec. (6) a complete and detailed list of the goods, wares, and merchandise to be added to the inventory after the beginning date of the sale and the total cost of those items. 17.29. 6, eff. The provisions of this subchapter do not in any way preclude other political subdivisions of this state from dealing with deceptive trade practices. (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. (2) a fine of not less than $5 nor more than $10 for each violation concerning any other container. (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. 4, eff. FINAL INVENTORY. 17.61. Aug. 27, 1979. Sec. WebThe Texas Deceptive Trade Practices Act (DTPA) is Texas's leading consumer protection legislation. 1.001, eff. INQUIRY AS TO PRODUCER. 1, eff. 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) Chapter 27, Property Code, prevails over this subchapter to the extent of any conflict. (b) In addition to seeking an injunction under Subsection (a), the attorney general may request and the court may order any other relief that may be in the public interest, including: (1) the imposition of a civil penalty in an amount not to exceed $50,000 for each violation of Section 17.952; (2) an order requiring reimbursement to this state for the reasonable value of investigating and prosecuting a violation of Section 17.952; and. Private Use of State Seal 17.11. 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. Added by Acts 1989, 71st Leg., ch. (4) "State function" means a state governmental activity authorized or required by law. 759 (H.B. 2, eff. (3) "Person" means an individual, partnership, corporation, association, or other group, however organized. May 21, 1973. Sec. The secretary of state may bring a civil action to enjoin a violation of this section or the rules adopted under this section. Sec. WebThe Consumer Protection Division works to protect Texas consumers and the legitimate business and charitable nonprofit communities by investigating breaches of fiduciary May 23, 1977. 17.01. 242, 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. Web17.41. (6) "Findings" means an ingredient that adapts the product of which it is a part for wearing or display, including ceramic, glass, or silver beads, leather backing, binding material, bolo tie clips, tie bar clips, tie tac pins, earring pins, earring clips, earring screw backs, cuff link toggles, money clips, pin stems, combs, and chains. PENALTIES. 2, eff. (3) "Participate" means to contribute money into a pyramid promotional scheme without promoting, organizing, or operating the scheme. Amended by Acts 1995, 74th Leg., ch. (a) In Subsection (b) of this section, unless the context requires a different definition, "wholesaler" means a person who sells for the purpose of resale and not directly to a consuming purchaser. consumer, employee Students also viewed (c) If the parties do not agree on a mediator, the court shall appoint the mediator. 8.01, eff. 17.461. SUBCHAPTER J. Acts 2019, 86th Leg., R.S., Ch. (b) The attorney general or the prosecuting attorney in the county in which a violation occurs may bring suit to recover the civil penalty imposed under Subsection (a). (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. 17.59. (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. 1, eff. 1) ' 75-29. 10, eff. (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. 17.93. 7, eff. REVISED 02-14-2023. 17.853. 1.002, eff. 17.50B and amended by Acts 1987, 70th Leg., ch. September 1, 2017. Sec. 11.18, eff. As a prerequisite to filing a suit seeking damages under this Act, the consumer must send a Renumbered from Bus. 37166 Satisfied customers. (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. Sec. Sept. 1, 1985. 1, eff. (4) identify the persons authorized by the consumer protection division to whom the documentary material is to be made available for inspection and copying. 2573), Sec. 216, Sec. (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-. Added by Acts 1973, 63rd Leg., p. 322, ch. 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. The Texas Deceptive Trade Practices Act (DTPA), Tex. 1, eff. 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.