May 21, 1973. September 1, 2017. Sec. Renumbered from Bus. Added by Acts 1989, 71st Leg., ch. The underlying purpose of the statute is to protect consumers against false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty in an economical and efficient manner. A consumer aggrieved by a violation of this chapter may maintain a cause of action for damages in accordance with Section 17.50 of this code. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 414, Sec. Sec. Acts 2007, 80th Leg., R.S., Ch. If the trier of fact finds that the conduct of the defendant was committed knowingly, the consumer may also recover damages for mental anguish, as found by the trier of fact, and the trier of fact may award not more than three times the amount of economic damages; or if the trier of fact finds the conduct was committed intentionally, the consumer may recover damages for mental anguish, as found by the trier of fact, and the trier of fact may award not more than three times the amount of damages for mental anguish and economic damages; (2) an order enjoining such acts or failure to act; (3) orders necessary to restore to any party to the suit any money or property, real or personal, which may have been acquired in violation of this subchapter; and. Aug. 26, 1985; Acts 1989, 71st Leg., ch. 9, eff. (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. Sept. 1, 2003. Aug. 27, 1979. Aug. 28, 1989. (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. This subchapter may be cited as the Deceptive Trade Practices-Consumer Protection Act. (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. 10, eff. 4, eff. (3) "Official use" means the use of the state seal by an officer or employee of this state in performing a state function. May 21, 1973. Added by Acts 1973, 63rd Leg., p. 322, ch. Sept. 1, 1995. 3, eff. 967 (S.B. 172, Sec. Sec. (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 disclosure required by Subsection (a) must state: Sec. If the person transacts business in more than one county, the petition shall be filed in the county in which the person maintains his principal place of business, or in another county agreed on by the parties to the petition. Amended by Acts 1977, 65th Leg., p. 601, ch. Sept. 1, 1991; Acts 1997, 75th Leg., ch. Broadly prohibits unfair or unconscionable acts Strong Alaska Stat. (4) the use or employment by any person of an act or practice in violation of Chapter 541, Insurance Code. 17.81. Prof. Code 17200 et seq. During the 60-day period a written request to inspect, in a reasonable manner and at a reasonable time and place, the goods that are the subject of the consumer's action or claim may be presented to the consumer. Sept. 1, 1995. 1, eff. (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." 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. WebUnder this authority, the Commission can seek civil penalties if it proves that (1) the company knew the conduct was unfair or deceptive in violation of the FTC Act and (2) the FTC had already issued a written decision (see below) that such conduct is unfair or deceptive. 37166 Satisfied customers. (7) "Turquoise" means a hydrous copper sulphate containing aluminum salts plus iron. & C. Code Sec. 411 (S.B. 2, eff. (h) This section does not apply to an action brought by the attorney general under Section 17.47. Sept. 1, 2001; Acts 2001, 77th Leg., ch. In this subchapter: (1) "Halal," as applied to food, means food prepared and served in conformity with Islamic religious requirements according to a recognized Islamic authority. When an action is pending in Travis County on the consent of the parties a subpoena may be issued for any witness or witnesses who may be represented to reside within 100 miles of the courthouse of a county in which the suit could otherwise have been brought or who may be found within such distance at the time of the trial. Sec. Text of section as amended by Acts 1995, 74th Leg., ch. (4) "State function" means a state governmental activity authorized or required by law. INJUNCTION; RESTITUTION. Aug. 27, 1979. A person seeking indemnity as provided by this section may recover all sums that he is required to pay as a result of the action, his attorney's fees reasonable in relation to the amount of work performed in maintaining his action for indemnity, and his costs. 45(a)(1)]. The original inventory must be accompanied by a filing fee of $20. 2, eff. 1, eff. WebSimilar to the Deceptive Trade Practices Act, the Insurance Code prohibits false, deceptive and misleading acts and practices. Sec. Sec. 172, Sec. 411 (S.B. PRODUCTION, SALE, DISTRIBUTION, OR PROMOTION OF CERTAIN SYNTHETIC SUBSTANCES. In this chapter, unless the context requires a different definition, (1) "container" includes bale, barrel, bottle, box, cask, keg, and package; and. PROMOTIONAL MATERIAL. (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. The secretary of state, under the authority vested in the secretary as custodian of the seal under Article IV, Section 19, of the Texas Constitution, shall issue a license to a person who applies for a license on a form provided by the secretary of state and who pays the fees required under this section if the secretary of state determines that the use is in the best interests of the state and not detrimental to the image of the state. Sec. May 21, 1973. Sept. 1, 1975; Acts 1977, 65th Leg., p. 600, ch. 962, Sec. 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. Aug. 27, 1979. 2, eff. (b) To qualify as a repurchase agreement for the purposes of Subsection (a)(2)(B), an agreement must be an enforceable agreement by the seller to repurchase, on written request of the purchaser and not later than the first anniversary of the purchaser's date of purchase, all unencumbered products that are in an unused, commercially resalable condition at a price not less than 90 percent of the amount actually paid by the purchaser for the products being returned, less any consideration received by the purchaser for purchase of the products being returned. The permit is valid for 120 days after the day that it is issued and is not renewable. 117, Sec. A finding of one producing cause does not bar recovery if other conduct of the defendant not the subject of a defensive finding under Subdivision (1), (2), or (3) of Subsection (a) of Section 17.506 above was a producing cause of damages of the plaintiff. However, unless an assurance has been rescinded by agreement of the parties or voided by a court for good cause, subsequent failure to comply with the terms of an assurance is prima facie evidence of a violation of this subchapter. The remedies provided in this subchapter are in addition to any other procedures or remedies provided for in any other law; provided, however, that no recovery shall be permitted under both this subchapter and another law of both damages and penalties for the same act or practice. (a) Whenever the consumer protection division has reason to believe that any person is engaging in, has engaged in, or is about to engage in any act or practice declared to be unlawful by this subchapter, and that proceedings would be in the public interest, the division may bring an action in the name of the state against the person to restrain by temporary restraining order, temporary injunction, or permanent injunction the use of such method, act, or practice. The Act gives consumers a way to sue (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. (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. 291, Sec. 360, Sec. 1, eff. The full text can be found starting at section 17.41 of the Texas Business and Commerce Code. 1, eff. 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. (c) In an action prosecuted by a district or county attorney under this subchapter for a violation of Section 17.46(b)(28), three-fourths of any civil penalty awarded by a court must be paid to the county where the court is located. 143, Sec. (c) No person may wilfully misrepresent the ownership of a business for the purpose of holding a liquidation sale, auction sale, or other sale which represents that the business is going out of business. Amended by Acts 2001, 77th Leg., ch. 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. Amended by Acts 1977, 65th Leg., p. 602, 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. (d) The court may make such additional orders or judgments as are necessary to compensate identifiable persons for actual damages or to restore money or property, real or personal, which may have been acquired by means of any unlawful act or practice. The Deceptive Trade Practices Act (DTPA) gives Texas consumers the right to file a lawsuit and pursue damages when they have been victimized by a scammer or fraudulent business. Sec. Sec. (2) ending on the 30th day after the date the disaster declaration expires or is terminated. May 23, 1977; Acts 1979, 66th Leg., p. 1327, ch. VOLUNTARY COMPLIANCE. 5, eff. 17.82. (8) "Consumer protection division" means the consumer protection division of the attorney general's office. 1, eff. 17.923. (17) "Building materials" includes lumber, windows, and other materials used in the construction or repair of improvements to real property. 595 (H.B. Acts 2017, 85th Leg., R.S., Ch. 8.03, eff. DISPOSITION OF SALE ITEMS. 189 (S.B. (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. An offense under this section is a Class B misdemeanor. 1488), Sec. (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. Acts 2005, 79th Leg., Ch. 143, Sec. DECEPTIVE TRADE PRACTICES UNLAWFUL. 2A.001, eff. Sec. 1, eff. (a) If a person sells both kosher meat and nonkosher meat in the same retail store, the person shall clearly label each portion of kosher meat with the word "kosher." 1, eff. The secretary of state shall adopt the rules in the manner provided by Chapter 2001, Government Code. Sept. 1, 1995; Acts 2001, 77th Leg., ch. Sec. Aug. 27, 1979; Acts 1995, 74th Leg., ch. (b) If none of the proceeds from the sale of the donated items will be given to a charitable organization, the disclosure required by Subsection (a) must state: (c) If any of the proceeds from the sale of the donated items will be given to a charitable organization, the disclosure required by Subsection (a) 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).". Aug. 29, 1977; Acts 1979, 66th Leg., p. 1327, ch. 17.87. 785, Sec. 603, Sec. 2018), Sec. 3, eff. Sept. 1, 1987. 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