Sec. 216, Sec. DEFINITIONS. 603, Sec. LISTING OF BUSINESS LOCATION OF CERTAIN BUSINESSES. 216, Sec. 17.08. (b) Chapter 27, Property Code, prevails over this subchapter to the extent of any conflict. 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. (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. 785, Sec. Amended by Acts 1989, 71st Leg., ch. (e) Any person who violates the terms of an injunction under this section shall forfeit and pay to the state a civil penalty of not more than $10,000 per violation, not to exceed $50,000. 1, eff. Each violation constitutes a separate offense. (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. 17.41 to 505) Deceptive Trade Practices-Consumer Protection Act: False Advertising Forbidden: Added by Acts 1973, 63rd Leg., p. 322, ch. Added by Acts 2001, 77th Leg., ch. 9. (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. 17.01. CIVIL INVESTIGATIVE DEMAND. DEFINITION. (b) The permit holder must post the permit in a conspicuous place at the location of the going out of business sale. Sept. 1, 1995. (e) A person may not remove a container from the premises, parking area, or any other area of a processor, distributor, or retail establishment or from a delivery vehicle unless the person is legally authorized to do so, if: (1) the container is marked on at least one side with a name or mark; and. (d) In an action brought under Section 17.50 of this subchapter, it is a defense to a cause of action if the defendant proves that he received notice from the consumer advising the defendant of the nature of the consumer's specific complaint and of the amount of economic damages, damages for mental anguish, and expenses, including attorneys' fees, if any, reasonably incurred by the consumer in asserting the claim against the defendant, and that within 30 days after the day on which the defendant received the notice the defendant tendered to the consumer: (1) the amount of economic damages and damages for mental anguish claimed; and. Acts 2011, 82nd Leg., R.S., Ch. (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. CONSUMER PROTECTION DIVISION PARTICIPATION IN CLASS ACTION. May 21, 1973. (6) "Sell" means to offer for sale, expose for sale, have in possession for sale, convey, exchange, barter, or trade. INJUNCTION. (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. (3) a telephone call to the local telephone number: (A) listed in the directory or database routinely is forwarded or transferred to a location that is outside the calling area covered by the directory or database in which the number is listed; or. (f) No documentary material produced pursuant to a demand under this section, unless otherwise ordered by a court for good cause shown, shall be produced for inspection or copying by, nor shall its contents be disclosed to any person other than the authorized employee of the office of the attorney general without the consent of the person who produced the material. The Deceptive Trade Practices Act (DTPA) is the leading consumer protection legislation in Texas. (h) A person who violates this section commits an offense. WebArticle 13 January 1998 Deceptive Trade Practices-Consumer Protection Act A. Michael Ferrill Charles A. Japhet Recommended Citation A. Michael Ferrill & Charles A. Japhet, Deceptive Trade Practices-Consumer Protection Act, 51 SMU L. REV. Sept. 1, 1985. 5.02(5), eff. 2A.001, eff. 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. (3) in substantially the following form: "I waive my rights under the Deceptive Trade Practices-Consumer Protection Act, Section 17.41 et seq., Business & Commerce Code, a law that gives consumers special rights and protections. Sept. 1, 1995. 3.001, eff. PRODUCTION, SALE, DISTRIBUTION, OR PROMOTION OF CERTAIN SYNTHETIC SUBSTANCES. In the State of Texas, the statute of limitations to bring a lawsuit under the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) is two years from the date that the alleged misleading, false, deceptive practice or act occurred. The Act, enacted in 1973, defends consumers against 45(a)(1)]. ); and. 595 (H.B. Sec. Deceptive Wholesale and Going-out-of-business Advertising 17.12. Sec. PRIVATE USE OF STATE SEAL. 1276, Sec. 17.48. 501.201 et seq. September 1, 2007. 4170), Sec. 1, eff. (2) In construing this subchapter the court shall not be prohibited from considering relevant and pertinent decisions of courts in other jurisdictions. Comment, Consumer Protection: The Practical Effectiveness of State Deceptive Trade Practices Legislation, 59 TUL. Read online View details in library catalog Texas litigation guide Latest received: Automatic updates. 1, eff. Sec. (5) a violation of Section 17.46(b)(26). People who are injured by a violation of this law may recover damages, possible treble damages, as well 8, eff. 2140), Sec. 17.953. A person may not advertise, promote, or conduct a live musical performance in this state through the use of a false, deceptive, or misleading affiliation, connection, or association between a recording group and a performing musical group. 463, Sec. 603, Sec. 380, Sec. WebSimilar to the Deceptive Trade Practices Act, the Insurance Code prohibits false, deceptive and misleading acts and practices. VOLUNTARY COMPLIANCE. (B) resembles a governmental notice or form that represents or implies that a criminal penalty may be imposed if the recipient does not remit payment for the good or service; (30) delivering or distributing a solicitation in connection with a good or service that resembles a check or other negotiable instrument or invoice, unless the portion of the solicitation that resembles a check or other negotiable instrument or invoice includes the following notice, clearly and conspicuously printed in at least 18-point type: (31) in the production, sale, distribution, or promotion of a synthetic substance that produces and is intended to produce an effect when consumed or ingested similar to, or in excess of, the effect of a controlled substance or controlled substance analogue, as those terms are defined by Section 481.002, Health and Safety Code: (A) making a deceptive representation or designation about the synthetic substance; or. 1152), Sec. 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. For the purpose of the recovery of damages for a cause of action described by this subsection only, a reference in this subchapter to economic damages means actual damages. Sec. 1, eff. Sept. 1, 2001. Aug. 29, 1983; Acts 1995, 74th Leg., ch. RELIEF FOR CONSUMERS. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2015. WAIVERS: PUBLIC POLICY. (d) It is not a defense to prosecution for an offense under this section that the pyramid promotional scheme involved both a franchise to sell a product and the authority to sell additional franchises if the emphasis of the scheme is on the sale of additional franchises. 962, Sec. May 21, 1973. REQUIRED DISCLOSURES FOR TELEPHONE OR DOOR-TO-DOOR SOLICITATIONS. 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