143, Sec. Added by Acts 1973, 63rd Leg., p. 322, ch. (3) "Sound recording" means musical, spoken, or other sounds recorded on a tangible medium, including a disc, tape, or phonograph record. Sec. Amended by Acts 1995, 74th Leg., ch. 3, eff. (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. MEAT LABELING. 989), Sec. Sec. (2) "Services" means work, labor, or service purchased or leased for use, including services furnished in connection with the sale or repair of goods. 1276, 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. (5) "Laundry cart" means a basket that is mounted on wheels and used in a coin-operated laundry or dry cleaning establishment by a customer or an attendant to transport laundry and laundry supplies. Texas Deceptive Trade Practices Consumer Protection Act Guidelines. 1013, Sec. The license fee for an original or renewal license is $250. 17.821. SUBCHAPTER B. (c) When a petition is filed in the district court in any county under this section, the court shall have jurisdiction to hear and determine the matter presented and to enter any order required to carry into effect the provisions of Sections 17.60 and 17.61 of this subchapter. Bus. WebHE Texas Deceptive Trade Practices-Consumer Protection Act (DTPA), 1 . 17.11. (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. (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. 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. Added by Acts 1995, 74th Leg., ch. (i) If the court finds that the offering party could not perform the offer at the time the offer was made or that the offering party substantially misrepresented the cash value of the offer, Subsections (g) and (h) do not apply. 17.506. 17.61. (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. 1, eff. Sept. 1, 1995. 1488), Sec. 5.02(6), eff. An offense under this chapter is punishable by the fine imposed for an offense under Subsection (d) of Section 17.12 of this code. The term does not include this state or a subdivision or agency of this state. 17.951. 1023 (H.B. (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. September 1, 2019. May 21, 1973. WebTexas Deceptive Trade Practices-Consumer Protection Act What Is The "Deceptive Trade Practices Act" The Texas Deceptive Trade Practices-Consumer Protection Act ("DTPA") Sept. 1, 1987. Scope of statute a. 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. May 23, 1977. An offense under this section is a Class C misdemeanor. ); and. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. 5.95(49), eff. Acts 1967, 60th Leg., p. 2343, ch. 5.02(7), eff. 1152), Sec. Sept. 1, 2001; Acts 2001, 77th Leg., ch. (3) prohibit a person who owns or has a right to license or enforce a patent from: (A) notifying others of the person's ownership or right; (B) offering the patent to others for license or sale; (C) notifying any person of the person's infringement of the patent as provided by 35 U.S.C. Give to Texas Law Connect with Texas Law 1, eff. Damages may not include any damages incurred beyond a point two years prior to the institution of the action by the consumer protection division. (4) the use or employment by any person of an act or practice in violation of Chapter 541, Insurance Code. Added by Acts 1995, 74th Leg., ch. Sept. 1, 2003. 883, Sec. (2) "Consideration" means the payment of cash or the purchase of a product. (5) "Unconscionable action or course of action" means an act or practice which, to a consumer's detriment, takes advantage of the lack of knowledge, ability, experience, or capacity of the consumer to a grossly unfair degree. 414, Sec. PROTECTION FROM MISLEADING OR DECEPTIVE LIVE MUSICAL PERFORMANCES. 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. CRIMINAL PENALTY. DECEPTIVE TRADE PRACTICES UNLAWFUL. (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. Sept. 1, 1991; Acts 1997, 75th Leg., ch. (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, Sept. 1, 2003. (c) Nothing in this subchapter shall apply to a claim for damages based on the rendering of a professional service, the essence of which is the providing of advice, judgment, opinion, or similar professional skill. 4, eff. Acts 2005, 79th Leg., Ch. (B) that is occupied or to be occupied as the consumer's residence. Acts 2011, 82nd Leg., R.S., Ch. (3) written information concerning a test required or prescribed by a government agency if the information from the test was false or inaccurate and the defendant did not know and could not reasonably have known of the falsity or inaccuracy of the information. (a) A person who receives notice under Section 17.505 may tender an offer of settlement at any time during the period beginning on the date the notice is received and ending on the 60th day after that date. (b) The original inventory must include: (1) the name and address of the owner of the goods, wares, or merchandise to be sold; (2) the name and address of the owner of the defunct business, the former stock in trade of which is to be offered for sale, and the full name of the defunct business; (3) a description of the place where the liquidation sale is to be held; (4) a statement of the beginning and ending dates of the sale; (5) a complete and detailed inventory of the goods, wares, and merchandise to be offered on the beginning date of the sale and the total cost of those items; and. (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. Sec. Sec. September 1, 2011. The Act, enacted in 1973, defends consumers against We use cookies to enable digital experiences. Renumbered from Bus. (e) In computing additional damages under Subsection (b), attorneys' fees, costs, and prejudgment interest may not be considered. (h) This section does not apply to an action brought by the attorney general under Section 17.47. (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. 1, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. Text of section as amended by Acts 1995, 74th Leg., ch. 489 (H.B. PENALTY. 17.59. MEDIATION. 759 (H.B. WebThis course deals with the Texas Deceptive Trade Practices - Consumer Protection Act (DTPA), which is the primary consumer protection statute in Texas. 501.201 et seq. 307, Sec. 785, Sec. 1, eff. Added by Acts 1973, 63rd Leg., p. 322, ch. 172, Sec. Sept. 1, 1975; Acts 1977, 65th Leg., p. 600, ch. 2, eff. DAMAGES: DEFENSES. (b) If a person fails to comply with a directive of the consumer protection division under Section 17.60 of this subchapter or with a civil investigative demand for documentary material served on him under Section 17.61 of this subchapter, or if satisfactory copying or reproduction of the material cannot be done and the person refuses to surrender the material, the consumer protection division may file in the district court in the county in which the person resides, is found, or transacts business, and serve on the person, a petition for an order of the court for enforcement of Sections 17.60 and 17.61 of this subchapter. (3) deface, obliterate, destroy, cover up, or otherwise remove or conceal a name or mark on a container of another without the written consent of the owner. PROHIBITED CONDUCT. (b) In asserting a defense under Subdivision (1), (2), or (3) of Subsection (a) of Section 17.506 above, the defendant shall prove the written information was a producing cause of the alleged damage. (5) "Made by machine" means the producing or reproducing of a product in mass production by mechanically stamping, casting, blanking, or weaving. 17.89. Acts 2015, 84th Leg., R.S., Ch. (b) Unless the owner of a reusable container bearing a proprietary mark (or one acting with the owner's written permission) agrees, no person may. Costs and fees of such receivership or other relief shall be assessed against the defendant. DECEPTIVE WHOLESALE AND GOING-OUT-OF-BUSINESS ADVERTISING. (B) provided on the Internet website or in a print advertisement routinely is forwarded or transferred to a location that is outside the calling area of the geographical area as indicated by the name of the business. 26, eff. 1, eff. IDENTIFICATION, POSSESSION, AND USE OF CERTAIN CONTAINERS. 17.853. (c) The civil penalty provided by this section is in addition to injunctive relief or any other remedy that may be granted under Section 17.903. 2573), Sec. 8, eff. (g) The requiring, taking, or accepting of a deposit on delivery of a container, shopping cart, or laundry cart is not considered a sale of the container or cart. 8.02, eff. (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. 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. (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. 17.822. (e) The application fee for a license under this section is $35. Amended by Acts 1977, 65th Leg., p. 603, ch. Added by Acts 1989, 71st Leg., 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. WebJob Description. (A) that is a single-family house, duplex, triplex, or quadruplex or a unit in a multiunit residential structure in which title to the individual units is transferred to the owners under a condominium or cooperative system; and. NOTICE; INSPECTION. 414, Sec. (5) "State seal" means the state seal, the reverse of the state seal, and the state arms as defined by Sections 3101.001 and 3101.002, Government Code. SUBCHAPTER D. COUNTERFEITING OR CHANGING A REQUIRED MARK; MISUSE OF CONTAINER BEARING MARK. 603, Sec. (4) "Public donations receptacle" means a large container or bin in a parking lot or public place that is intended for use as a collection point for clothing or household goods donated by the public. Acts 2007, 80th Leg., R.S., Ch. September 1, 2015. Cessation of unlawful conduct after such prior contact shall not render such court action moot under any circumstances, and such injunctive relief shall lie even if such person has ceased such unlawful conduct after such prior contact. (b) A person may not fraudulently represent that the person is conducting a going out of business sale. WebSec. 2573), Sec. (b) A person commits an offense if the person is required to label meat in accordance with this section and the person knowingly sells meat that is not labeled as provided in this section. (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. This exemption does not apply to: (2) a failure to disclose information in violation of Section 17.46(b)(24); or. Added by Acts 1973, 63rd Leg., p. 322, ch. SALE INVENTORY. Sec. 189 (S.B. Acts 2005, 79th Leg., Ch. 167, Sec. 17.565. Where there are judgments against a defendant which have been awarded to more than one plaintiff, the court shall have discretion to take any action necessary to efficiently operate a receivership in order to accomplish the purpose of collecting the judgments. 143, Sec. (b) Notwithstanding any other provision of this subchapter, Section 17.46(b)(27) applies only to an act described by that subdivision that occurs during a designated disaster period in this state. (d) If the attorney general determines that the consumer protection division is unable to obtain the charge data described by Subsection (c), the attorney general may adopt rules designating another source of hospital charge data for use by the division in establishing the average charge for emergency care or other care provided by hospital emergency rooms for purposes of Subsection (c). Renumbered from Bus. 4, eff. Sec. 411 (S.B. Amended by Acts 2001, 77th Leg., ch. This subchapter does not apply to: (1) a sale conducted by a public officer as part of the officer's official duties; (2) a sale for which an accounting must be made to a court of law; (3) a sale conducted pursuant to an order of a court; or. 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