(3) the communication is likely to materially mislead a reasonable end user because the communication does not contain information sufficient to inform the end user of: (A) the identity of the person asserting the claim; (B) the patent that is alleged to have been infringed; and. 37166 Satisfied customers. (5) "Made by machine" means the producing or reproducing of a product in mass production by mechanically stamping, casting, blanking, or weaving. GENERAL DESCRIPTION. WebThe Texas Deceptive Trade Practices Act (DTPA) protects Texans against false, deceptive and misleading business practices. Nothing herein shall require the consumer protection division to notify such person that court action is or may be under consideration. (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. 595 (H.B. 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 Sec. 3, eff. DEFINITIONS. Definitions 17.08. Sec. In this subsection, "prosecuting attorney" has the meaning assigned by Section 41.101, Government Code. 2.01, eff. Added by Acts 1973, 63rd Leg., p. 322, ch. 1, eff. (g) At any time before the return date specified in the demand, or within 20 days after the demand has been served, whichever period is shorter, a petition to extend the return date for, or to modify or set aside the demand, stating good cause, may be filed in the district court in the county where the parties reside, or a district court of Travis County. 6, eff. The Consumer Protection Division works to protect Texas consumers and the legitimate business and charitable nonprofit communities by investigating breaches of 1, eff. 17.884. 3, eff. (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.". LIMITATION. (2) additional damages under Subsection (b). Costs and fees of such receivership or other relief shall be assessed against the defendant. 17.29. Aug. 29, 1983; Acts 1995, 74th Leg., 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 (h) Notwithstanding any other provision of this subchapter, if a claimant is granted the right to bring a cause of action under this subchapter by another law, the claimant is not limited to recovery of economic damages only, but may recover any actual damages incurred by the claimant, without regard to whether the conduct of the defendant was committed intentionally. 138, Sec. Sept. 1, 1995. Whenever the consumer protection division has reason to believe that a person is engaging in, has engaged in, or is about to engage in any act or practice declared to be unlawful by this subchapter, or when it reasonably believes it to be in the public interest to conduct an investigation to ascertain whether any person is engaging in, has engaged in, or is about to engage in any such act or practice, an authorized member of the division may: (1) require the person to file on the prescribed forms a statement or report in writing, under oath or otherwise, as to all the facts and circumstances concerning the alleged violation and such other data and information as the consumer protection division deems necessary; (2) examine under oath any person in connection with this alleged violation; (3) examine any merchandise or sample of merchandise deemed necessary and proper; and. Aug. 27, 1979; Acts 1989, 71st Leg., ch. (2) is not controverted by an affidavit filed by the consumer before the 11th day after the date on which the plea in abatement is filed. 1, eff. 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. Sept. 1, 1995. May 21, 1973. (b) If none of the proceeds from the sale of the donated items will be given to a charitable organization, the solicitor must state: (c) If any of the proceeds from the sale of the donated items will be given to a charitable organization, the solicitor 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).". 1080 (H.B. An act is not considered a violation of this section if: (1) the performing musical group is the authorized registrant and owner of a federal service mark for the recording group that is registered in the United States Patent and Trademark Office; (2) at least one member of the performing musical group is or was a member of the recording group and that member has a legal right to use or operate under the name of the recording group without abandoning the name or affiliation with the recording group; (3) the live musical performance is identified in all advertisements or other promotions for the event as being conducted as a "salute" or "tribute" to the recording group; (4) the advertisement or promotion relates to a live musical performance that is to take place outside of this state; or. 7. (3) "Household goods" mean furniture, furnishings, or personal effects used or for use in a dwelling. SUBCHAPTER J. September 1, 2015. 967 (S.B. PENALTIES. Amended by Acts 1989, 71st Leg., ch. 1, eff. (6) "Pyramid promotional scheme" means a plan or operation by which a person gives consideration for the opportunity to receive compensation that is derived primarily from a person's introduction of other persons to participate in the plan or operation rather than from the sale of a product by a person introduced into the plan or operation. Aug. 27, 1979. 291, Sec. Last Updated on December 12, 2022 This article provides information on the Texas Deceptive Trade Practices Act (DTPA). (d) In an action brought under Section 17.50 of this subchapter, it is a defense to a cause of action if the defendant proves that he received notice from the consumer advising the defendant of the nature of the consumer's specific complaint and of the amount of economic damages, damages for mental anguish, and expenses, including attorneys' fees, if any, reasonably incurred by the consumer in asserting the claim against the defendant, and that within 30 days after the day on which the defendant received the notice the defendant tendered to the consumer: (1) the amount of economic damages and damages for mental anguish claimed; and. May 21, 1973. PRICE GOUGING DURING DECLARED DISASTER. (9) "Shopping cart" means a basket that is mounted on wheels, or a similar device, generally used in a retail establishment by a customer to transport goods of any kind. 360, Sec. May 21, 1973. The office of the attorney general shall prescribe reasonable terms and conditions allowing the documentary material to be available for inspection and copying by the person who produced the material or any duly authorized representative of that person. 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. (2) wilfully refuse to return on request to the owner a dairy container bearing his commonly used proprietary mark. The final inventory must include: (1) the name and address of the permit holder; (2) a statement of the disposition of the items listed in the original inventory that were not sold during the going out of business sale and the name and address of any person purchasing those items after the ending date of the sale; and. 17.464. (4) a foreclosure sale pursuant to a deed of trust or other lien. For the purposes of this section, the term "written consent" includes tokens and other indicia of consent established by the owner of the carts or the retailer. Sec. Sept. 1, 2003. 17.46) protects consumers from unlawful business practices. The consumer protection division shall notify the district or county attorney it no longer intends to actively investigate or litigate an alleged violation within a reasonable time of such determination. 861 (H.B. (h) A person who violates this section commits an offense. 17.88. 143, Sec. 2A.001, eff. 1265), Sec. 9. September 1, 2019. 967 (S.B. Amended by Acts 1989, 71st Leg., ch. 1.001, eff. 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. 1368 (S.B. Aug. 31, 1981; Acts 1983, 68th Leg., p. 4943, ch. (4) remove, obliterate, or alter a serial number, name, or mark affixed to a shopping cart or laundry cart. Sept. 1, 1991. The clerk of a district court at the request of any party to a suit pending in his court which is brought under this subchapter shall issue a subpoena for any witness or witnesses who may be represented to reside within 100 miles of the courthouse of the county in which the suit is pending or who may be found within such distance at the time of trial. (B) imitation turquoise, which is any compound or mineral that is manufactured or treated so as to closely approximate turquoise in appearance. Deceptive Advertising 17.29. (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. (c) On a finding by the court that an action under this section was groundless in fact or law or brought in bad faith, or brought for the purpose of harassment, the court shall award to the defendant reasonable and necessary attorneys' fees and court costs. 2573), Sec. 17.48. 17.08. 45.50.471(a) c. Provides the state agency substantive rulemaking authority Added by Acts 1989, 71st Leg., ch. Sec. 2017. CUMULATIVE REMEDIES. 728 (H.B. UNLAWFUL ACTS. LOCAL ORDINANCE OR REGULATION. Aug. 29, 1977; Acts 1979, 66th Leg., p. 1327, ch. (g) The secretary of state may suspend or revoke a license issued under this section for failure to comply with this section or the rules adopted under this section. SALE OF NONHALAL FOOD. On request, the consumer protection division shall assist the district or county attorney in any action taken under this subchapter. DECEPTIVE TRADE PRACTICES UNLAWFUL. Among the most 1, eff. (c) In an action prosecuted by a district or county attorney under this subchapter for a violation of Section 17.46(b)(28), three-fourths of any civil penalty awarded by a court must be paid to the county where the court is located. 1, eff. Amended by Acts 1969, 61st Leg., p. 2045, ch. 117, Sec. 17.41. (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. 603, Sec. (8) "Natural turquoise" means turquoise, exclusive of any backing material, the composition of which has not been chemically or otherwise altered. (a) A person may not conduct a sale advertised with the phrase "going out of business," "closing out," "shutting doors forever," or "bankruptcy sale"; the word "foreclosure" or "bankruptcy"; or a similar phrase or word indicating that an enterprise is ceasing business unless the business is closing all of its operations in a county and in all of the counties immediately adjacent to that county and follows the procedures required by this subchapter. PENALTY. We use cookies to enable digital experiences. (3) the consumer is represented by legal counsel in seeking or acquiring the goods or services. VENUE. Added by Acts 1973, 63rd Leg., p. 322, ch. May 21, 1973. 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 17.904. 3167), Sec. Acts 2015, 84th Leg., R.S., Ch. 17.01. SUBCHAPTER I. 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