Added by Acts 1985, 69th Leg., ch. Aug. 28, 1995. 1, eff. This subchapter may be cited as the Deceptive Trade Practices-Consumer Protection Act. Congress passed the COVID-19 Consumer Protection Act in 2020, making it illegal under the FTC Act to engage in deceptive marketing related to the treatment, cure, prevention, mitigation, or diagnosis of COVID19, or any government benefit related to Aug. 26, 1985; Acts 1989, 71st Leg., ch. 603, Sec. (B) the 10th day before the date of any hearing on class certification or a proposed settlement. Sec. 17.08. (1) state the statute and section under which the alleged violation is being investigated, and the general subject matter of the investigation; (2) describe the class or classes of documentary material to be produced with reasonable specificity so as to fairly indicate the material demanded; (3) prescribe a return date within which the documentary material is to be produced; and. PENALTIES. (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. consumer, employee Students also viewed (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)(4) must state: "DONATIONS ARE NOT FOR CHARITABLE ORGANIZATIONS AND WILL BE SOLD FOR PROFIT.". 8.03, eff. (34) a warrantor of a vehicle protection product warranty using, in connection with the product, a name that includes "casualty," "surety," "insurance," "mutual," or any other word descriptive of an insurance business, including property or casualty insurance, or a surety business. May 23, 1977; Acts 1979, 66th Leg., p. 1332, ch. 1, eff. 1, eff. Unfair and deceptive trade names; use of term "wholesale" in advertising. DUTY OF DISTRICT AND COUNTY ATTORNEY. September 1, 2019. (3) refuse to return the container to the owner if he requests its return. Amended by Acts 1995, 74th Leg., ch. Added by Acts 1973, 63rd Leg., p. 322, ch. 9, eff. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 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. May 23, 1977. DAMAGES: DEFENSES. 143, Sec. 603, Sec. 143, Sec. May 21, 1973. 5, eff. 17.46. On request, the consumer protection division shall assist the district or county attorney in any action taken under this subchapter. BAD FAITH CLAIM OF PATENT INFRINGEMENT PROHIBITED. 17.62. (5) the live musical performance is expressly authorized by each member of the recording group. DEFINITION. 414, Sec. 897, Sec. 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. 427, 449 (1984). Acts 2011, 82nd Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. (a) In this section: (1) "Compensation" means payment of money, a financial benefit, or another thing of value. 414, Sec. (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)(4) must state: "DONATIONS ARE TO (NAME OF FOR-PROFIT ENTITY OR INDIVIDUAL) AND WILL BE SOLD FOR PROFIT. DECEPTIVE ADVERTISING. 7, eff. May 23, 1977; Acts 1977, 65th Leg., p. 892, ch. Added by Acts 1973, 63rd Leg., p. 322, ch. (d) An offer of settlement tendered by a person against whom a claim under this subchapter is pending must include an offer to pay the following amounts of money, separately stated: (1) an amount of money or other consideration, reduced to its cash value, as settlement of the consumer's claim for damages; and. 2018), Sec. 54), Sec. File a Complaint If You Dispute a Debt ); and. 1, eff. 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. 45(a)(1)]. Acts 2017, 85th Leg., R.S., Ch. DECEPTIVE TRADE PRACTICES UNLAWFUL. Sept. 1, 1991. 1, eff. (i) A person who violates a provision of Subsection (b) of this section commits an offense. May 21, 1973. 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. Sec. Amended by Acts 1977, 65th Leg., p. 604, ch. Sec. POST JUDGMENT RELIEF. 17.885. Added by Acts 1973, 63rd Leg., p. 322, ch. Acts 2011, 82nd Leg., R.S., Ch. SUBCHAPTER F. GOING OUT OF BUSINESS SALES. WebSection 12: Texas Deceptive Trade Practices and Consumer Protection Act Term 1 / 69 In order for a claim of misrepresentation to stand up, it requires four elements. (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. (b) Except as provided in Subsection (d) of this section, the term "false, misleading, or deceptive acts or practices" includes, but is not limited to, the following acts: (1) passing off goods or services as those of another; (2) causing confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods or services; (3) causing confusion or misunderstanding as to affiliation, connection, or association with, or certification by, another; (4) using deceptive representations or designations of geographic origin in connection with goods or services; (5) representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities which they do not have or that a person has a sponsorship, approval, status, affiliation, or connection which the person does not; (6) representing that goods are original or new if they are deteriorated, reconditioned, reclaimed, used, or secondhand; (7) representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another; (8) disparaging the goods, services, or business of another by false or misleading representation of facts; (9) advertising goods or services with intent not to sell them as advertised; (10) advertising goods or services with intent not to supply a reasonable expectable public demand, unless the advertisements disclosed a limitation of quantity; (11) making false or misleading statements of fact concerning the reasons for, existence of, or amount of price reductions; (12) representing that an agreement confers or involves rights, remedies, or obligations which it does not have or involve, or which are prohibited by law; (13) knowingly making false or misleading statements of fact concerning the need for parts, replacement, or repair service; (14) misrepresenting the authority of a salesman, representative or agent to negotiate the final terms of a consumer transaction; (15) basing a charge for the repair of any item in whole or in part on a guaranty or warranty instead of on the value of the actual repairs made or work to be performed on the item without stating separately the charges for the work and the charge for the warranty or guaranty, if any; (16) disconnecting, turning back, or resetting the odometer of any motor vehicle so as to reduce the number of miles indicated on the odometer gauge; (17) advertising of any sale by fraudulently representing that a person is going out of business; (18) advertising, selling, or distributing a card which purports to be a prescription drug identification card issued under Section 4151.152, Insurance Code, in accordance with rules adopted by the commissioner of insurance, which offers a discount on the purchase of health care goods or services from a third party provider, and which is not evidence of insurance coverage, unless: (A) the discount is authorized under an agreement between the seller of the card and the provider of those goods and services or the discount or card is offered to members of the seller; (B) the seller does not represent that the card provides insurance coverage of any kind; and. (3) the seller has ceased disseminating the material. 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. Before the end of each 30-day period during the going out of business sale the permit holder shall file with the chief appraiser a sale inventory containing a complete and detailed list of the goods, wares, and merchandise listed in the original inventory that have not been sold before the date that the sale inventory is filed. (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. The consumer protection division shall file its motion for intervention with the court before which the action is pending and serve a copy of the motion on each party to the action. 17.925. Acts 2019, 86th Leg., R.S., Ch. 2552), Sec. Sept. 1, 1995. 414, Sec. (2) a notice to the public, warning that unauthorized use by a person other than the owner is punishable by law, is visibly displayed on the container. Sec. 603, Sec. 2, eff. 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. 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. Sept. 1, 1989; Acts 1995, 74th 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, 280, 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. If unwrapped or unpackaged meat products are displayed for sale, the display case or container in which the meat is displayed must be clearly labeled with the word "kosher" or "nonkosher," as applicable. 17.463. Text of section as amended by Acts 1995, 74th Leg., ch. 143, Sec. 962, Sec. (b) The permit holder must post the permit in a conspicuous place at the location of the going out of business sale. CIVIL PENALTY. (4) "Egg basket" means a permanent type of container that contains four dozen or more shell eggs and is used by a distributor or retailer or an agent of a distributor or retailer to transport, store, or carry eggs. The report must include a statement regarding the final disposition of the matter. Sec. Amended by Acts 2001, 77th Leg., ch. 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. (a) In this section: (1) "Emergency care" means health care services provided in an emergency facility to evaluate and stabilize medical conditions of a recent onset and severity, including severe pain, that would lead a prudent layperson possessing an average knowledge of medicine and health to believe that the individual's condition, sickness, or injury is of such a nature that failure to get immediate medical care could: (A) place the individual's health in serious jeopardy; (B) result in serious impairment to bodily functions; (C) result in serious dysfunction of a bodily organ or part; (E) for a pregnant woman, result in serious jeopardy to the health of the fetus. Added by Acts 1977, 65th Leg., p. 604, ch. INJUNCTION; RESTITUTION. 1, eff. 728 (H.B. 1082, Sec. 17.30. May 21, 1973. Sec. (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. People who are injured by a violation of this law may recover damages, possible treble damages, as well (2) if the act or practice that is the subject of the proceeding was calculated to acquire or deprive money or other property from a consumer who was 65 years of age or older when the act or practice occurred, an additional amount of not more than $250,000. (a) A consumer may maintain an action where any of the following constitute a producing cause of economic damages or damages for mental anguish: (1) the use or employment by any person of a false, misleading, or deceptive act or practice that is: (A) specifically enumerated in a subdivision of Subsection (b) of Section 17.46 of this subchapter; and. 4170), Sec. (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. Acts 2005, 79th Leg., Ch. (j) If Subsection (g) does not apply, the court shall award as damages the amount of economic damages and damages for mental anguish found by the trier of fact, subject to Sections 17.50 and 17.501. 336, Sec. Acts 2015, 84th Leg., R.S., Ch. 1601 et seq.). 138, Sec. 5.02(6), eff. SUBCHAPTER J. Sec. 1973 A DTPA claim does not require that the____________prove the _____________ acted knowingly or intentionally. Amended by Acts 1977, 65th Leg., p. 601, ch. The provisions of this subchapter apply only to acts or practices occurring after the effective date of this subchapter, except a right of action or power granted to the attorney general under Chapter 10, Title 79, Revised Civil Statutes of Texas, 1925, as amended, prior to the effective date of this subchapter. 143, Sec. 17.84. Acts 2015, 84th Leg., R.S., Ch. 1, eff. 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. 2, eff. 1, eff. 143, Sec. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 17.953. (2) "Services" means work, labor, or service purchased or leased for use, including services furnished in connection with the sale or repair of goods. (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. 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. This subchapter does not create a private cause of action for a violation of Section 17.952. Sept. 1, 1975; Acts 1977, 65th Leg., p. 600, ch. (b) Chapter 27, Property Code, prevails over this subchapter to the extent of any conflict. DEADLINE FOR ORDERS. 17.824. 4, eff. 9. An offense under this subsection is a state jail felony. Sept. 1, 1995. Sept. 1, 2001. (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. Aug. 31, 1981; Acts 1983, 68th Leg., p. 4943, ch. (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. May 28, 2011. (a) In the administration of this subchapter the consumer protection division may accept assurance of voluntary compliance with respect to any act or practice which violates this subchapter from any person who is engaging in, has engaged in, or is about to engage in the act or practice. 143, Sec. Sec. Sept. 1, 1995; Acts 2001, 77th Leg., ch. May 21, 1973. (e) The application fee for a license under this section is $35. September 1, 2019. 17.91. WebThe Deceptive Trade Practices Act (DTPA) is the main consumer protection law in Texas. The clerk shall issue a separate subpoena and a copy thereof for each witness subpoenaed. 1, eff. 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. (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. 11.18, eff. (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. A person against whom an action has been brought under this subchapter may seek contribution or indemnity from one who, under the statute law or at common law, may have liability for the damaging event of which the consumer complains. 203 (H.B. Give to Texas Law Connect with Texas Law (4) "Indian handcrafted" means the skillful and expert use of the hands in making products solely by Indians within the United States, including the use of findings and hand tools and equipment for buffing, polishing, grinding, drilling, or sewing. (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. (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. Added by Acts 1989, 71st Leg., ch. Webplore this topic is found in Richard M. Alderman, The Lawyers Guide to the Texas Deceptive Trade Practices Act ch. In particular, this section of the DTPA lists what is considered 17.58. (b) The prosecuting attorney in the county in which a violation of Section 17.902 occurs, with prior written notice to the attorney general, may institute and prosecute an action seeking injunctive relief under this section. September 1, 2007. Added by Acts 1973, 63rd Leg., p. 322, ch. This e-book provides comprehensive, in-depth, and Sept. 1, 1995. Acts 2017, 85th Leg., R.S., Ch. When an action is pending in Travis County on the consent of the parties a subpoena may be issued for any witness or witnesses who may be represented to reside within 100 miles of the courthouse of a county in which the suit could otherwise have been brought or who may be found within such distance at the time of the trial. 17.41 to 505) Deceptive Trade Practices-Consumer Protection Act: False Advertising Forbidden: Uniform Deceptive Trade Practices Act Adopted: No (Bus. Sept. 1, 1987. September 1, 2007. 143, Sec. The secretary of state may bring a civil action to enjoin a violation of this section or the rules adopted under this section. 17.823. Sec. 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. (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. (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. (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. Sept. 1, 2001; Acts 2001, 77th Leg., ch. June 1, 2002; Acts 2003, 78th Leg., ch. (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. However, unless an assurance has been rescinded by agreement of the parties or voided by a court for good cause, subsequent failure to comply with the terms of an assurance is prima facie evidence of a violation of this subchapter. SUBCHAPTER B. (4) "State function" means a state governmental activity authorized or required by law. 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).". 727 East Dean Keeton St. Austin, Texas 78705 (512) 471-5151. INQUIRY AS TO PRODUCER. Aug. 30, 1993; Acts 1995, 74th Leg., ch. (2) inducing a person to contract with regard to the tangible personal property, security, service, or anything he may offer. Sec. 1, eff. Added by Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 17.61. 17.49. DECEPTIVE WHOLESALE AND GOING-OUT-OF-BUSINESS ADVERTISING. 1, eff. (2) additional damages under Subsection (b). 17.883. (b) An offense under this section is a Class A misdemeanor. (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. Representation of eligibility to win a prize.iii OFFERS OF SETTLEMENT. Sec. 17.41. 1, eff. The secretary of state may examine the records during reasonable business hours to determine the licensee's compliance with this section. Sept. 1, 1987. SUBCHAPTER I. LABELING, ADVERTISING, AND SALE OF HALAL FOODS. (2) "Representation of the state seal " includes a nonexact representation that the secretary of state determines is deceptively similar to the state seal. If the court finds that the amount tendered in the settlement offer to compensate the consumer for attorneys' fees under Subsection (d)(2) is the same as, substantially the same as, or more than the amount of reasonable and necessary attorneys' fees incurred by the consumer as of the date of the offer, the consumer may not recover attorneys' fees greater than the amount of fees tendered in the settlement offer. psilberman November 15, 2021. 45(a)(1)]. (h) A person who violates Section 17.46(b)(26) is jointly and severally liable under that subdivision for actual damages, court costs, and attorney's fees. 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 criminal means to cause harm to a person or property of a person; (2) accusing falsely or threatening to accuse falsely a person of fraud or any other crime; Give to Texas Law Connect with Texas Law Added by Acts 2003, 78th Leg., ch. 564, Sec. Sec. 3.001, eff. Sec. 463, Sec. CONSTRUCTION OF SUBCHAPTER. (16) "Loss of or damage to the vehicle," for purposes of Subdivision (14)(A)(ii), may also include unreimbursed incidental expenses that may be incurred by the warrantor, including expenses for a replacement vehicle, temporary vehicle rental expenses, and registration expenses for replacement vehicles. 380, Sec. WebTexas Deceptive Trade Practices-Consumer Protection Act What Is The "Deceptive Trade Practices Act" The Texas Deceptive Trade Practices-Consumer Protection Act Text of section as amended by Acts 1995, 74th Leg., ch. 17.821. NOTICE; INSPECTION. September 1, 2011. 17.46. (2) In construing this subchapter the court shall not be prohibited from considering relevant and pertinent decisions of courts in other jurisdictions. 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. 117, Sec. 300, Sec. A person who violates this subchapter commits an offense. 143, Sec. For the purposes of this section, the district court issuing the injunction shall retain jurisdiction, and the cause shall be continued, and in these cases, the consumer protection division, or the district or county attorney with prior notice to the consumer protection division, acting in the name of the state, may petition for recovery of civil penalties under this section. (2) "Label" means a display of written, printed, or graphic matter on the immediate article or container of any food product. (2) the amount of damages found by the trier of fact. Sec. (6) "Sell" means to offer for sale, expose for sale, have in possession for sale, convey, exchange, barter, or trade. Section 1395 et seq. (d) A person who violates a provision of Subsection (a) or (b) of this Section is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $10 nor more than $200. 1, eff. 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