414, Sec. 138, Sec. 1265), Sec. Private Use of State Seal 17.11. Sec. EXCEPTIONS. (B) may also include identity recovery, as defined by Section 1304.003, Occupations Code, if the product or system described by Paragraph (A) is financed under Chapter 348 or 353, Finance Code. (h) This section does not apply to an action brought by the attorney general under Section 17.47. MISUSING CONTAINER; EVIDENCE OF MISUSE AND CONTAINER'S OWNERSHIP. 291, Sec. 17.90. Amended by Acts 2001, 77th Leg., ch. If you spot price gouging PENALTY. Amended by Acts 1977, 65th Leg., p. 604, ch. 17.50A and amended by Acts 1987, 70th Leg., ch. Sec. 17.56. 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. Renumbered from Bus. 1, eff. September 1, 2007. 242, Sec. SUBCHAPTER D. COUNTERFEITING OR CHANGING A REQUIRED MARK; MISUSE OF CONTAINER BEARING MARK. The DTPA empowers consumers and businesses to pursue legal action against deceptive companies and individuals as a consumer protection statute. While consumers in Texas are encouraged to be mindful of their financial and commercial activity, many consumers are unaware of the nuances of the DTPA. (f) Notwithstanding any other law, in an action brought by a district or county attorney under this section, all settlements or penalties collected by the district or county attorney shall be divided between the state and the county in which the attorney brought suit, with: (1) 50 percent of the amount collected paid to the comptroller for deposit to the credit of the basic civil legal services account established by Section 51.943, Government Code; and. 237 (S.B. 1229, Sec. VENUE. In this chapter: (1) "Kosher food" means food prepared and served in conformity with orthodox Jewish religious requirements. WebOne year later, a motion by Ford to reassign three other cases in the same court and consolidate them was granted. Amended by Acts 1979, 66th Leg., p. 1327, ch. Sec. (1) fill the container for sale or other commercial purpose; (2) deface, cover up, or remove the proprietary mark from the container; or. 143, Sec. 501.201 et seq. 1973 A DTPA claim does not require that the____________prove the _____________ acted knowingly or intentionally. (d) For the purposes of the relief authorized in Subdivision (1) of Subsection (a) of Section 17.50 of this subchapter, the term "false, misleading, or deceptive acts or practices" is limited to the acts enumerated in specific subdivisions of Subsection (b) of this section. May 28, 1997; Acts 2003, 78th Leg., ch. 360, Sec. At a press conference today, Attorney General Ken Paxton announced that his office filed a consumer protection lawsuit in Travis County District Court against Purdue Pharma for violating the Texas Deceptive Trade Practices Act (DTPA) involving the companys prescription opioids, including OxyContin. 1, eff. RELIEF FOR CONSUMERS. 3.001, eff. Acts 2007, 80th Leg., R.S., Ch. Sec. 1229, Sec. 17.56. 1, eff. WebThe Deceptive Trade Practices Act (DTPA) is the main consumer protection law in Texas. Sec. (7) "Documentary material" includes the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situated. Sec. Aug. 27, 1979; Acts 1995, 74th Leg., ch. CRIMINAL PENALTY. (e) Except as specifically provided by Subsections (b) and (h), Section 17.50, nothing in this subchapter shall apply to a cause of action for bodily injury or death or for the infliction of mental anguish. The Texas Deceptive Trade Practices Act was enacted to provide important protections for consumers. (3) refuse to return the container to the owner if he requests its return. (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. Acts 2017, 85th Leg., R.S., Ch. SUBCHAPTER I. LABELING, ADVERTISING, AND SALE OF HALAL FOODS. In this subchapter: (1) "Performing musical group" means a vocal or instrumental group seeking to engage in a live musical performance. Added by Acts 1973, 63rd Leg., p. 322, ch. (2) In construing this subchapter the court shall not be prohibited from considering relevant and pertinent decisions of courts in other jurisdictions. (5) "Retail store" means a retail grocery store, delicatessen, butcher shop, or other place where food is sold for off-premises consumption. Texas has strong consumer protection laws that safeguard residents against scams, deceptive sales calls, and other illegal practices. Sec. WebWe protect Texas consumers by accepting complaints, filing civil cases in the public interest and educating Texans on how to spot and avoid possible scams. & Com. 7, 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. (d) In an action in which the ownership of a reusable container is in issue, a person's proprietary mark on the container is prima facie evidence that the person or his licensee owns the container. 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. 2, 3, eff. (a) Any person who, with intent to avoid, evade, or prevent compliance, in whole or in part, with Section 17.60 or 17.61 of this subchapter, removes from any place, conceals, withholds, or destroys, mutilates, alters, or by any other means falsifies any documentary material or merchandise or sample of merchandise is guilty of a misdemeanor and on conviction is punishable by a fine of not more than $5,000 or by confinement in the county jail for not more than one year, or both. Aug. 30, 1993; Acts 1995, 74th Leg., ch. (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. 411 (S.B. ; violation of Floridas Deceptive and Unfair Trade Practices Act, F.S.A. (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. 2065), Sec. Added by Acts 1985, 69th Leg., ch. Sec. May 21, 1973. Read online View details in library catalog Texas litigation guide Latest received: Automatic updates. (b) A person owning a shopping cart, laundry cart, or container may adopt and use a name or mark on the carts or containers. PROHIBITED CONDUCT. 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. (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).". Sept. 1, 1993; Acts 1995, 74th Leg., ch. Sec. A consumer aggrieved by a violation of this subchapter may maintain a cause of action for damages in accordance with Section 17.50. Sept. 1, 2003. 17.44. Sec. May 21, 1973. 138, Sec. 1047), Sec. Amended by Acts 1989, 71st Leg., ch. Sec. Since the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 and pursuant to the Credit Card Accountability Responsibility and Disclosure Act of 2009, the CFPB has submitted a report to (b) A person may not fraudulently represent that the person is conducting a going out of business sale. (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. (3) "Dairy case" means a wire or plastic container that holds 16 quarts or more of beverage and is used by a distributor or retailer or an agent of a distributor or retailer to transport, store, or carry dairy products. (g) If the court finds that the amount tendered in the settlement offer for damages under Subsection (d)(1) is the same as, substantially the same as, or more than the damages found by the trier of fact, the consumer may not recover as damages any amount in excess of the lesser of: (1) the amount of damages tendered in the settlement offer; or. Sept. 1, 1995. Sec. Cal. (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. 2) ' 75-32. (4) that there is no adequate remedy other than receivership available to the prevailing party. Sept. 1, 1967. (g) Except as provided in this section, Section 154.023, Civil Practice and Remedies Code, and Subchapters C and D, Chapter 154, Civil Practice and Remedies Code, apply to the appointment of a mediator and to the mediation process provided by this section. Sept. 1, 1987. Sec. 291, Sec. Added by Acts 2003, 78th Leg., ch. A person commits an offense if the person knowingly or intentionally sells at a restaurant or a retail store a food product that is represented as kosher food and is not kosher food and the person either knows the food is not kosher food or was reckless about determining whether or not the food is kosher food. Added by Acts 1977, 65th Leg., p. 604, ch. Sec. (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. 2573), Sec. (3) an order requiring restitution to a victim for legal and professional expenses related to the violation. 17.506. 17.825. 17.41 to 505) Deceptive Trade Practices-Consumer Protection Act: False Advertising Forbidden: (h) A person on whom a demand is served under this section shall comply with the terms of the demand unless otherwise provided by a court order. 1, eff. (11) "Economic damages" means compensatory damages for pecuniary loss, including costs of repair and replacement. 962, Sec. (4) remove, obliterate, or alter a serial number, name, or mark affixed to a shopping cart or laundry cart. (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. The Consumer Protection Division works to protect Texas consumers and the legitimate business and charitable nonprofit communities by investigating breaches of fiduciary duties, fraud, misrepresentations, and deceptive advertising; filing civil lawsuits to enforce state and federal consumer protection and charitable trust laws; and educating 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. (c) The order appointing a receiver must clearly state whether the receiver will have general power to manage and operate the defendant's business or have power to manage only a defendant's finances. (c) The court, on a showing of good cause, may allow the consumer protection division, as representative of the public, to intervene in an action to which this section applies. Damages may not include any damages incurred beyond a point two years prior to the institution of the action by the consumer protection division. Donations will be sold for profit by (name of for-profit entity or individual) and a flat fee of (insert amount) is paid to (name of charitable organization).". Acts 2015, 84th Leg., R.S., Ch. 1.001, eff. 17.85. (8) "Natural turquoise" means turquoise, exclusive of any backing material, the composition of which has not been chemically or otherwise altered. September 1, 2005. 1, eff. Sec. 1, eff. (A) reconstituted turquoise, which is turquoise dust or particles that are mixed with plastic resins and are compressed into a solid form so as to resemble natural turquoise; or. 17.952. (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. Sept. 1, 1995; Acts 2001, 77th Leg., ch. Sec. ; negligence; fraud/fraudulent concealment; unjust enrichment; violation of the Illinois Consumer Fraud and Sec. 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. 17.555. (a) If the attorney general has reason to believe that a person is engaging in, has engaged in, or is about to engage in an act or practice that violates Section 17.902, and that proceedings would be in the public interest, the attorney general may bring an action in the name of the state against the person to restrain that act or practice by temporary or permanent injunction. 17.82. 6, eff. 883, Sec. 4, eff. (2) additional damages under Subsection (b). 17.83. (4) pursuant to an order of the appropriate court, impound any sample of merchandise that is produced in accordance with this subchapter and retain it in the possession of the division until the completion of all proceedings in connection with which the merchandise is produced. 4170), Sec. (d) 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 $100 nor more than $500. (15) "Warrantor" means a person named under the terms of a vehicle protection product warranty as the contractual obligor to a person in this state who purchases or otherwise possesses a vehicle protection product. Added by Acts 1977, 65th Leg., p. 604, ch. 172, Sec. Sept. 1, 1995. Sec. WebTexas Deceptive Trade Practices-Consumer Protection Act What Is The "Deceptive Trade Practices Act" The Texas Deceptive Trade Practices-Consumer Protection Act (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. Added by Acts 1973, 63rd Leg., p. 322, ch. (3) "Official use" means the use of the state seal by an officer or employee of this state in performing a state function. (6) any other matter that justice may require. (a) Each person selling or offering for sale authentic or nonauthentic Indian arts and crafts shall request the suppliers of those arts and crafts to disclose the methods used in producing those arts and crafts and to determine whether those arts and crafts are in fact authentic Indian arts and crafts. 17.881. After consultation with an attorney of my own selection, I voluntarily consent to this waiver.". An offense under this chapter is punishable by the fine imposed for an offense under Subsection (d) of Section 17.12 of this code. WebTexas Deceptive Trade Practices-Consumer Protection Act What Is The "Deceptive Trade Practices Act" The Texas Deceptive Trade Practices-Consumer Protection Act ("DTPA") (a) In this section: (1) "Compensation" means payment of money, a financial benefit, or another thing of value. The DTPA and Warranty Law: An Overview the consumer was under the DTPAs two-year limitations period. 1, eff. WebSimilar to the Deceptive Trade Practices Act, the Insurance Code prohibits false, deceptive and misleading acts and practices. 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. Sec. 2, eff. LIMITATION. (2) "Representation of the state seal " includes a nonexact representation that the secretary of state determines is deceptively similar to the state seal. Acts 2017, 85th Leg., R.S., Ch. The assurance shall be in writing and shall be filed with and subject to the approval of the district court in the county in which the alleged violator resides or does business or in the district court of Travis County. (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. (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. 143, Sec. (b) Subject to Subsection (e) and except as otherwise provided by this section, an act to which this section applies is subject to action by a district or county attorney under Sections 17.47, 17.58, 17.60, and 17.61 to the same extent as the act is subject to action by the consumer protection division under those sections. June 1, 2002; Acts 2003, 78th Leg., ch. 11.101, eff. Sept. 1, 1985. LOCAL ORDINANCE OR REGULATION. 17.01. DISPOSITION OF SALE ITEMS. (a) A person commits an offense if the person: (1) conducts a sale in violation of Section 17.82 of this code; (2) conducts a going out of business sale without a valid permit issued under Section 17.84 of this code; (3) sells an item at a going out of business sale in violation of Section 17.85 of this code; (4) fails to file an inventory required by Section 17.86 or 17.87 of this code; or. 427, 449 (1984). An offense under this section is a Class C misdemeanor. 388, Sec. The Deceptive Trade Practices Act (DTPA) is the main consumer protection law in Texas. (c) In determining the amount of the civil penalty imposed under this section, the court shall consider the amount necessary to deter future violations. 280, Sec. June 1, 2002; Acts 2003, 78th Leg., ch. 167, Sec. 489 (H.B. September 1, 2019. Growth. GENERAL DESCRIPTION. Acts 1967, 60th Leg., p. 2343, ch. Aug. 27, 1979. Aug. 27, 1979; Acts 1989, 71st Leg., ch. September 1, 2007. Sec. Provided, however, the consumer protection division shall, at least seven days prior to instituting such court action, contact such person to inform him in general of the alleged unlawful conduct. (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. (c) If the parties do not agree on a mediator, the court shall appoint the mediator. 1276, Sec. September 1, 2017. 117, Sec. Dtpa and Warranty law: an Overview the consumer was under the DTPAs two-year limitations period requiring restitution a. Do not agree on a mediator, the court shall not be prohibited from considering and... Action by the consumer protection statute Trade Practices Act was enacted to provide important protections for consumers prepared and in. There is no adequate remedy other than receivership available to the Deceptive Practices! 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