texas consumer protection deceptive trade practices act year

The consumer protection division may not use data that includes prices for care provided in an urgent care setting or physician practice to establish the division's authority to investigate and pursue an action under this subchapter. REVISED 02-14-2023. 1, eff. (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. 1, eff. 1, eff. 1, eff. (8) "Consumer protection division" means the consumer protection division of the attorney general's office. 1, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. In this chapter, unless the context requires a different definition, (1) "container" includes bale, barrel, bottle, box, cask, keg, and package; and. (2) wilfully refuse to return on request to the owner a dairy container bearing his commonly used proprietary mark. 2140), Sec. Sept. 1, 2003. 216, Sec. An act or practice that is a violation of a provision of law other than this subchapter may be made the basis of an action under this subchapter if the act or practice is proscribed by a provision of this subchapter or is declared by such other law to be actionable under this subchapter. Sec. September 1, 2009. 467 (H.B. The provisions of this subchapter are not exclusive. Amended by Acts 1985, 69th Leg., ch. 17.50B and amended by Acts 1987, 70th Leg., ch. This e-book provides important information, Acts 2019, 86th Leg., R.S., Ch. 242, Sec. WebLocation field must contain 'city, state' or a zip code to perform a radius search (e.g., Denver, CO or 46122).City and state must be separated by a comma followed by a space (e.g., Houston, TX) Sept. 1, 1987. Sec. The Texas Deceptive Trade Practices Consumer Protection Act. PRIVATE USE OF STATE SEAL. (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. Aug. 28, 1989. Renumbered from Bus. (b) Except as provided in Subsection (d) of this section, the term "false, Sec. In the State of Texas, the statute of limitations to bring a lawsuit under the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) is two years from the date that the alleged misleading, false, deceptive practice or act occurred. Amended by Acts 2001, 77th Leg., ch. The court may not revoke or suspend a license to do business in this state or appoint a receiver to take over the affairs of a person who has failed to satisfy a judgment if the person is a licensee of or regulated by a state agency which has statutory authority to revoke or suspend a license or to appoint a receiver or trustee. 17.48. (3) refuse to return the container to the owner if he requests its return. 17.84. (2) additional damages under Subsection (b). The full text can be found starting at section 17.41 of the Texas Business and Commerce Code. 701, Sec. NOTICE OF FILING OF ORIGINAL INVENTORY. 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. 2552), Sec. 17.58. 501.201 et seq. (3) an order requiring restitution to a victim for legal and professional expenses related to the violation. Sec. (a) A person who violates Section 17.902 is liable to the state for a civil penalty of not less than $5,000 or more than $15,000 for each violation. Representation of winning a prize.ii 3) ' 75-33. 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 halal food and is not halal food and the person either knows the food is not halal food or was reckless about determining whether or not the food is halal food. (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. Acts 1967, 60th Leg., p. 2343, ch. 2, 3, eff. Sec. 17.882. September 1, 2007. 9, eff. (a) In this section: (1) "Compensation" means payment of money, a financial benefit, or another thing of value. 3.001, eff. September 1, 2017. 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. (c) A person's proprietary mark appearing on or in a statement described in Subsection (a) of this section is prima facie evidence that the person disseminated the statement. 727 East Dean Keeton St. Austin, Texas 78705 (512) 471-5151. 17.952. (a) A person may not send to an end user located or doing business in this state a written or electronic communication that is a bad faith claim of patent infringement. 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. (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. 1, eff. 1265), Sec. Any material which contains trade secrets shall not be presented except with the approval of the court in which the action is pending after adequate notice to the person furnishing the material. 45.50.471(a) c. Provides the state agency substantive rulemaking authority (i) This section does not apply to the owner of a shopping cart, laundry cart, or container or to a customer or any other person who has written consent from the owner of a shopping cart, laundry cart, or container or from a retailer in lawful possession of the cart or container to remove it from the premises or the parking area of the retail establishment. PENALTY. WebThe Deceptive Trade Practices Act (DTPA) is the main consumer protection law in Texas. Acts 2015, 84th Leg., R.S., Ch. Damages may not include any damages incurred beyond a point two years prior to the institution of the action by the consumer protection division. 1152), Sec. 4, eff. (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. Added by Acts 1973, 63rd Leg., p. 322, ch. WebCheatham, Norwood and Peterson d/b/a Cheatham-Norwood-Peterson Investments brought a Deceptive Trade Practices-Consumer Protection Act (hereafter referred to as DTPA) action against Stewart Title Guaranty Company and obtained judgment based on the failure of a title insurance policy to reveal the ex UNLAWFUL ACTS. (e) A person who violates a provision of Subsection (b) of this section is guilty of a misdemeanor and upon conviction is punishable by, (1) a fine of not less than $25 nor more than $50 for each violation concerning a drink-dispensing fountain; or. INDEMNITY. 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. (c) An assurance of voluntary compliance shall not be considered an admission of prior violation of this subchapter. 1152), Sec. 216, Sec. (c) If a mediation under Section 17.5051 is conducted, a person against whom a claim under this subchapter is pending may tender an offer of settlement during the period beginning on the day after the date that the mediation ends and ending on the 20th day after that date. (4) contains the appropriate disclosure prescribed by this section in English and Spanish. A person may not advertise, promote, or conduct a live musical performance in this state through the use of a false, deceptive, or misleading affiliation, connection, or association between a recording group and a performing musical group. 2, eff. 1, eff. 414, Sec. (2) the reasonable expenses incurred by the division in obtaining any remedy available under Section 17.47, including the cost of investigation, witness fees, and deposition expenses. (b) A person may not fraudulently represent that the person is conducting a going out of business sale. (6) "Findings" means an ingredient that adapts the product of which it is a part for wearing or display, including ceramic, glass, or silver beads, leather backing, binding material, bolo tie clips, tie bar clips, tie tac pins, earring pins, earring clips, earring screw backs, cuff link toggles, money clips, pin stems, combs, and chains. May 23, 1977; Acts 1979, 66th Leg., p. 1327, ch. Added by Acts 2017, 85th Leg., R.S., Ch. 45(a)(1)]. 5.02(4), (5), eff. (b) The permit holder must post the permit in a conspicuous place at the location of the going out of business sale. 17.565. UNCONSCIONABLE PRICE FOR CARE AT EMERGENCY FACILITY. 17.951. (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. OFFERS OF SETTLEMENT. 2.01, eff. 724, Sec. An inventory filed under this subchapter must be in the form of a sworn affidavit. 411 (S.B. (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. May 21, 1973. May 28, 2011. 414, Sec. 17.925. (a) A for-profit entity or individual who makes, or directs another person to make, a telephone or door-to-door solicitation requesting that the person solicited donate clothing or household goods may not subsequently sell the donated items unless the solicitor provides to each person solicited, before accepting a donation from the person, the appropriate disclaimer prescribed by this section. (h) A person who reproduces an official document bearing the state seal does not violate Subsection (b) of this section if the document is: (2) used for a purpose related to the purpose for which the document was issued by the state. 2, eff. & Com. Acts 2015, 84th Leg., R.S., Ch. 17.904. 1152), Sec. WebThe most comprehensive and current discussion of the Texas Deceptive Trade Practices Act. 1276, Sec. 6, eff. (5) the live musical performance is expressly authorized by each member of the recording group. PENALTY. 117, Sec. May 23, 1977. 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. (2) "Representation of the state seal " includes a nonexact representation that the secretary of state determines is deceptively similar to the state seal. Aug. 27, 1979; Acts 1987, 70th Leg., ch. SALE OF NONKOSHER FOOD. 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. 237 (S.B. IDENTIFICATION, POSSESSION, AND USE OF CERTAIN CONTAINERS. (6) "Name or mark" means any permanently affixed or permanently stamped name or mark that is used for the purpose of identifying the owner of a shopping cart, laundry cart, or container. 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. 17.824. 17.5051. DEFINITIONS. (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. Sec. (d) The waiver required by Subsection (c) may be modified to waive only specified rights under this subchapter. 143, Sec. GENERAL DESCRIPTION. 172, 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. (a) Except as provided by Subsection (b), a person who violates this subchapter is liable to this state for a civil penalty in an amount not to exceed $500 for each violation. Sec. (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. (i) Nothing in this subchapter shall apply to a claim against a person licensed as a broker or salesperson under Chapter 1101, Occupations Code, arising from an act or omission by the person while acting as a broker or salesperson. 989), Sec. Assurances of voluntary compliance shall in no way affect individual rights of action under this subchapter, except that the rights of individuals with regard to money or property received pursuant to a stipulation in the voluntary compliance under Subsection (b) of this section are governed by the terms of the voluntary compliance. Under this subchapter identification, POSSESSION, and USE of CERTAIN CONTAINERS a 3! 1993, 73rd Leg., R.S., ch 2019, 86th Leg., ch for and! Restitution to a victim for legal and professional expenses related to the violation as provided in Subsection b. Authorized by each member of the action by the consumer protection division admission of prior of! 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