Sept. 1, 1995. Amended by Acts 1989, 71st Leg., ch. 1, eff. Sec. (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. 1152), Sec. It protects consumers by making it unlawful to misrepresent a product that is sold in the state. Sec. The term does not include: (A) a purchase of a product furnished at cost to be used in making a sale and not for resale; (B) a purchase of a product subject to a repurchase agreement that complies with Subsection (b); or. (5) "Retail store" means a retail grocery store, delicatessen, butcher shop, or other place where food is sold for off-premises consumption. Thus, the plaintiff could not seek refuge under a longer limitations period.10 Sec. 1, eff. VENUE. These are: Click the card to flip Definition 1 / 69 -The false statement or representation of a material fact. Sept. 1, 1967. In this chapter "going out of business sale" means an offer to sell to the public, or the sale to the public of, goods, wares, and merchandise on the implied or direct representation by written or oral advertising that the sale is in anticipation of the termination of all of the operations of a business at all of its locations in a county and in all of the counties immediately adjacent to that county. 17.88. 414, Sec. 1, eff. (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. Amended by Acts 1981, 67th Leg., p. 863, ch. NOTICE; INSPECTION. The Texas Deceptive Trade Practices Consumer Protection Act. Sec. (h) Notwithstanding any other provision of this subchapter, if a claimant is granted the right to bring a cause of action under this subchapter by another law, the claimant is not limited to recovery of economic damages only, but may recover any actual damages incurred by the claimant, without regard to whether the conduct of the defendant was committed intentionally. Sept. 1, 1995. (5) the live musical performance is expressly authorized by each member of the recording group. Intention may be inferred from objective manifestations that indicate that the person acted intentionally or from facts showing that a defendant acted with flagrant disregard of prudent and fair business practices to the extent that the defendant should be treated as having acted intentionally. A violation of a provision of law other than this subchapter is not in and of itself a violation of this subchapter. 17.41. If you spot price gouging REPORTS AND EXAMINATIONS. (2) "Recording group" means a vocal or instrumental group of which one or more members: (A) has released a sound recording under that group's name for commercial purposes; and. 17.83. INQUIRY AS TO PRODUCER. 1, eff. 414, Sec. 5, eff. 17.884. 380, Sec. 1, eff. 17.825. May 21, 1973. Sept. 1, 1987. (d) The waiver required by Subsection (c) may be modified to waive only specified rights under this subchapter. Sec. An inventory filed under this subchapter must be in the form of a sworn affidavit. 17.4625. 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. May 23, 1977; Acts 1979, 66th Leg., p. 1329, ch. CIVIL PENALTY. Sept. 1, 1995. 1, eff. 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. 883, Sec. BAD FAITH CLAIM OF PATENT INFRINGEMENT PROHIBITED. REVISED 02-14-2023. 1, eff. (c) In a suit where a defense is asserted under Subdivision (2) of Subsection (a) of Section 17.506 above, suit may be asserted against the third party supplying the written information without regard to privity where the third party knew or should have reasonably foreseen that the information would be provided to a consumer; provided no double recovery may result. Sept. 1, 2001. 291, Sec. 1, eff. (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. A person who violates this subchapter commits an offense. (e) The application fee for a license under this section is $35. 216, 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. A product that is no longer marketed by the seller is considered resalable if the product is otherwise in an unused, commercially resalable condition and is returned to the seller not later than the first anniversary of the purchaser's date of purchase, except that the product is not considered resalable if before the purchaser purchased the product it was clearly disclosed to the purchaser that the product was sold as a nonreturnable, discontinued, seasonal, or special promotion item. LIMITATION. (a) In this section, unless the context requires a different definition, "dairy container" includes butter box, ice cream can, ice cream tub, milk bottle, milk bottle case, milk can, and milk jar. 5, eff. 45(a)(1)]. The Texas Deceptive Trade Practices Act was enacted to provide important protections for consumers. 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. SUBCHAPTER E. DECEPTIVE TRADE PRACTICES AND CONSUMER PROTECTION. 17.45. 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. Sec. (a) Nothing in this subchapter shall apply to the owner or employees of a regularly published newspaper, magazine, or telephone directory, or broadcast station, or billboard, wherein any advertisement in violation of this subchapter is published or disseminated, unless it is established that the owner or employees of the advertising medium have knowledge of the false, deceptive, or misleading acts or practices declared to be unlawful by this subchapter, or had a direct or substantial financial interest in the sale or distribution of the unlawfully advertised good or service. Added by Acts 1985, 69th Leg., ch. Amended by Acts 1977, 65th Leg., p. 603, ch. Added by Acts 1977, 65th Leg., p. 604, ch. The term does not include payment based on sale of a product to a person, including a participant, who purchases the product for actual use or consumption. Such persons shall be deemed to have submitted themselves to the jurisdiction of this state within the meaning of this section. 17.952. Aug. 27, 1979; Acts 1995, 74th Leg., ch. The office of the attorney general may use the documentary material or copies of it as it determines necessary in the enforcement of this subchapter, including presentation before any court. Sept. 1, 2003. Renumbered from Bus. The license fee for an original or renewal license is $250. 463, Sec. May 21, 1973. (c) Before advertising a going out of business sale, the permit holder shall deliver a copy of the permit to the person publishing or broadcasting the advertisement. Sept. 1, 1985. Representation of eligibility to win a prize.iii 1, eff. (B) imitation turquoise, which is any compound or mineral that is manufactured or treated so as to closely approximate turquoise in appearance. Code 17.41 et seq., protects consumers against false, misleading, or deceptive trade practices, including Sec. In determining whether or not an injunction has been violated the court shall take into consideration the maintenance of procedures reasonably adapted to insure compliance with the injunction. (h) This section does not apply to an action brought by the attorney general under Section 17.47. (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. (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. (a) A for-profit entity or individual who mails, or directs another person to mail, a solicitation requesting that the recipient donate clothing or household goods may not subsequently sell the donated items unless the solicitor includes with the mailed solicitation the appropriate disclosure prescribed by this section, prominently displayed in boldfaced type or capital letters in English and Spanish. 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. (5) a violation of Section 17.46(b)(26). (f) A court may not award prejudgment interest applicable to: (1) damages for future loss under this subchapter; or. (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. (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. Renumbered from Bus. A person may not conduct a going out of business sale beginning within two years after the ending date of the most recent going out of business sale conducted by the person. 414, Sec. Deceptive Advertising 17.29. WebTexas Deceptive Trade Practices-Consumer Protection Act What Is The "Deceptive Trade Practices Act" The Texas Deceptive Trade Practices-Consumer Protection Act ("DTPA") (b) The acceptance of an assurance of voluntary compliance may be conditioned on the stipulation that the person in violation of this subchapter restore to any person in interest any money or property, real or personal, which may have been acquired by means of acts or practices which violate this subchapter. 2A.001, eff. (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. (3) "Person" includes an individual, corporation, or association. (c) A civil investigative demand may contain a requirement or disclosure of documentary material which would be discoverable under the Texas Rules of Civil Procedure. (d) A person's commonly used proprietary mark on a dairy container is prima facie evidence of that person's ownership of the container. 324 (S.B. (a) This subchapter shall be liberally construed and applied to promote its underlying purposes, which are to protect consumers against false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty and to provide efficient and economical procedures to secure such protection. (e) This section creates no duty and imposes no obligation upon anyone other than the business that is the subject of the advertisement or listing. SUBCHAPTER I. LABELING, ADVERTISING, AND SALE OF HALAL FOODS. May 21, 1973. 45.50.471(a) c. Provides the state agency substantive rulemaking authority 3167), Sec. CIVIL INVESTIGATIVE DEMAND. September 1, 2007. Sec. Sec. 17.01. Sec. 143, Sec. The permit is valid for 120 days after the day that it is issued and is not renewable. Sept. 1, 1987; Acts 1989, 71st Leg., ch. Texas Auto Dealer Fraud Attorneys. The Texas Deceptive Trade Practices Act (DTPA) protects Texans against false, deceptive and misleading business practices. The Act, enacted in 1973, defends consumers against false or misleading business practices that would otherwise harm or defraud them. CONSTRUCTION AND APPLICATION. Text of section as amended by Acts 1995, 74th Leg., ch. 2427), Sec. 3, eff. INDEMNITY. PROHIBITED CONDUCT. (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. (a) It is the duty of the district and county attorneys to lend to the consumer protection division any assistance requested in the commencement and prosecutions of action under this subchapter. 17.30. 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. This subchapter does not create a private cause of action for a violation of Section 17.952. 17.821. & C. Code Sec. Sec. Sec. 138, Sec. 17.922. 603, Sec. DECEPTIVE ADVERTISING, PACKING, SELLING, AND EXPORTING. If Subsection (h) does not apply, the court shall award attorneys' fees as provided by Section 17.50(d). 1977-. (a) In this section: (1) "Compensation" means payment of money, a financial benefit, or another thing of value. We will also examine 1152), Sec. Amended by Acts 2001, 77th Leg., ch. Sept. 1, 2001. Added by Acts 2019, 86th Leg., R.S., Ch. '2 1, eff. Each performance that violates Section 17.902 constitutes a separate violation. 603, Sec. Sec. (b) For purposes of Section 17.46(a), the term "false, misleading, or deceptive acts or practices" includes an emergency facility that: (1) provides emergency care at an unconscionable price; or. The Deceptive Trade Practices Act (sec. Sec. 989), Sec. Added by Acts 1985, 69th Leg., ch. Sec. September 1, 2007. Amended by Acts 1979, 66th Leg., p. 1330, ch. Sept. 1, 1975; Acts 1977, 65th Leg., p. 600, ch. FORM OF INVENTORY. Sec. (3) "Sound recording" means musical, spoken, or other sounds recorded on a tangible medium, including a disc, tape, or phonograph record. Sept. 1, 1995. 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