May 23, 1977. 1, eff. Sec. Acts 2005, 79th Leg., Ch. 9, eff. 8.01, eff. consumer, employee Students also viewed Acts 2011, 82nd Leg., R.S., Ch. 5, eff. (e) The application fee for a license under this section is $35. 759 (H.B. 2, 3, eff. (3) "Nonauthentic Indian arts and crafts" means any product that is made to imitate or resemble authentic Indian arts and crafts and that: (B) is made by machine or from unnatural materials, except stabilized or treated turquoise. 143, Sec. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1601 et seq.). 1977-. (2) "For-profit entity" has the meaning assigned by Section 1.002, Business Organizations Code. 856 (S.B. Nothing in this subchapter shall be construed to limit the authority of a local government to adopt an ordinance or regulation relating to the use of public donations receptacles as a collection point for donated clothing or household goods if the ordinance or regulation is compatible with and equal to or more stringent than a requirement prescribed by this subchapter. 11.20, eff. Acts 2019, 86th Leg., R.S., Ch. 17.46) protects consumers from unlawful business practices. 728 (H.B. 17.463. 143, Sec. Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 414, Sec. Sec. 2065), Sec. (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. 17.4625. (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. DEFINITION. 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. Not later than the fifth business day after the date on which a person files an original inventory under Section 17.83, the chief appraiser shall send notice of the filing to the comptroller, the county clerk of the county in which the person's principal place of business in the state is located, and the tax collector for each of the taxing units that tax the property described in the original inventory. (e) In an action brought under Section 17.47 to enforce this section, the consumer protection division may request, and the trier of fact may award the recovery of: (1) reasonable attorney's fees and court costs; and. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 8.02, eff. 1, eff. 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. Growth. Amended by Acts 1995, 74th Leg., ch. (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. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1995. Renumbered from Bus. (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. (2) "Authentic Indian arts and crafts" means any product that: (B) is not made by machine or from unnatural materials, except stabilized or treated turquoise. 9. DECEPTIVE WHOLESALE AND GOING-OUT-OF-BUSINESS ADVERTISING. 17.56. WebSection 17.46 - Deceptive Trade Practices Unlawful (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. EXCEPTION. L. REv. 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. Web(a) In debt collection, a debt collector may not use threats, coercion, or attempts to coerce that employ any of the following practices: (1) using or threatening to use violence or other 1, eff. (a) A for-profit entity or individual may not use a public donations receptacle to collect donated clothing or household goods and subsequently sell the donated items unless the for-profit entity or individual attaches to the receptacle a notice that: (1) is permanently and prominently displayed on the front and at least one side of the receptacle; (2) is in bold print, with letters at least two inches in height and one inch in width; (3) contains the business address, other than a post office box number, and telephone number of the for-profit entity or individual; and. 5.95(49), eff. (7) "Parking area" means a lot or other property provided by a retail establishment for the use of customers to park automobiles or other vehicles while doing business in that establishment. WebUnfair Trade Practices and Consumer Protection Act PUBLIC ENFORCEMENT COMMENTS 1. 1080 (H.B. 1353), Sec. 1973 A DTPA claim does not require that the____________prove the _____________ acted knowingly or intentionally. Added by Acts 1979, 66th Leg., p. 1332, ch. Amended by Acts 2001, 77th Leg., ch. Sec. In this subchapter: (1) "American Indian" or "Indian" means an individual who is an enrolled member of a federally or state recognized American Indian tribe, band, nation, rancheria, or pueblo or who is an Alaska Native and a member of an Alaska Native village or regional or village corporation as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 463, Sec. BAD FAITH CLAIM OF PATENT INFRINGEMENT PROHIBITED. 1, eff. Added by Acts 1973, 63rd Leg., p. 322, ch. (4) identify the persons authorized by the consumer protection division to whom the documentary material is to be made available for inspection and copying. The report must include a statement regarding the final disposition of the matter. Acts 2005, 79th Leg., Ch. 414, Sec. (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. PROMOTIONAL MATERIAL. 1, eff. (f) A person licensed under this section shall maintain records relating to the licensee's use of the state seal in the manner required by the rules of the secretary of state. Sept. 1, 2001. (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. (2) In construing this subchapter the court shall not be prohibited from considering relevant and pertinent decisions of courts in other jurisdictions. 17.01. (i) Personal service of a similar investigative demand under this section may be made on any person outside of this state if the person has engaged in conduct in violation of this subchapter. 414, Sec. 1, eff. (10) "Treated turquoise" means turquoise, excluding any backing material, that has been altered to produce a change in the coloration of the natural mineral. LISTING OF BUSINESS LOCATION OF CERTAIN BUSINESSES. In applying Subsection (b)(1) to an award of damages under this subsection, the trier of fact is authorized to award a total of not more than three times actual damages, in accordance with that subsection. Amended by Acts 1977, 65th Leg., p. 604, ch. (c) Each day of violation constitutes a separate offense. (2) an amount of money to compensate the consumer for the consumer's reasonable and necessary attorneys' fees incurred as of the date of the offer. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. Sec. DEFINITIONS. June 12, 1969. 1, eff. (3) an order requiring restitution to a victim for legal and professional expenses related to the violation. 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. 17.922. 17.904. 17.56. Private Use of State Seal 17.11. Added by Acts 2019, 86th Leg., R.S., Ch. Sec. Acts 2019, 86th Leg., R.S., Ch. Such persons shall be deemed to have submitted themselves to the jurisdiction of this state within the meaning of this section. 1, eff. DISPOSITION OF SALE ITEMS. May 23, 1977. 17.30. Sec. Added by Acts 2019, 86th Leg., R.S., Ch. Sec. 17.31. 4.001(a), eff. 17.954. Sec. This article provides information on the Texas Deceptive Trade Practices Act (DTPA). The Act gives consumers a way to sue sellers for false, misleading and deceptive business practices. Special thanks to the Houston Bar Association. This article excerpts from and summarizes the Deceptive Trade Practices Act section of the Consumer Law Handbook. September 1, 2007. Read online View details in library catalog Texas litigation guide Latest received: Automatic updates. 143, Sec. 2018), Sec. LIMITATION. 2, 3, eff. Thus, the plaintiff could not seek refuge under a longer limitations period.10 (b) An offense under this section is a Class A misdemeanor. (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. Added by Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1987. Sec. (e) The fact that a consumer has signed a waiver under this section is not a defense to an action brought by the attorney general under Section 17.47. CIVIL REMEDY. MEDIATION. 2, eff. WebDeceptive trade practices. 324 (S.B. Aug. 26, 1985; Acts 1989, 71st Leg., ch. Sec. (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. Sec. (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. (6) any other matter that justice may require. 1, eff. 203 (H.B. 1, eff. The provisions of this subchapter are not exclusive. (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. CUMULATIVE REMEDIES. May 21, 1973. 2612), Sec. 291, Sec. (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. Acts 2019, 86th Leg., R.S., Ch. (B) imitation turquoise, which is any compound or mineral that is manufactured or treated so as to closely approximate turquoise in appearance. 17.902. 811, Sec. 883, Sec. In this subsection, "prosecuting attorney" has the meaning assigned by Section 41.101, Government Code. In addition to those fees, each licensee shall pay an amount equal to three percent of the licensee's annual gross receipts related to the licensed use in excess of $5,000 to the state as a royalty fee. 1047), Sec. (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. REQUIRED DISCLOSURE FOR COLLECTIONS THROUGH PUBLIC RECEPTACLE. Aug. 30, 1993; Acts 1995, 74th 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. (8) "Consumer protection division" means the consumer protection division of the attorney general's office. 570, Sec. 1, eff. Sec. DECEPTIVE ADVERTISING. 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. Among the most 427, 449 (1984). Except as provided by Article 5.06-1(8), Insurance Code, an action brought which alleges a claim to relief under Section 17.50 of this subchapter shall be brought as provided by Chapter 15, Civil Practice and Remedies Code. 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