All actions brought under this subchapter must be commenced within two years after the date on which the false, misleading, or deceptive act or practice occurred or within two years after the consumer discovered or in the exercise of reasonable diligence should have discovered the occurrence of the false, misleading, or deceptive act or practice. (a) In this section, "designated disaster period" means the period: (i) the proclamation or executive order of the governor declaring the disaster; or, (ii) the declaration of the disaster by the president of the United States, if any part of this state is named in the federally declared disaster area; and. 1353), Sec. 216, Sec. (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. 1, eff. An offense under this section is a Class C misdemeanor. The Act gives consumers a way to sue DAMAGES: DEFENSES. Sec. 17.55. 17.57. Added by Acts 1973, 63rd Leg., p. 322, ch. 785, Sec. (3) "Official use" means the use of the state seal by an officer or employee of this state in performing a state function. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 17.821. 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. (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. (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. Added by Acts 2019, 86th Leg., R.S., Ch. 216, Sec. Uniform Deceptive Trade Practices Act Adopted: No (Bus. 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. Acts 2007, 80th Leg., R.S., Ch. Added by Acts 1973, 63rd Leg., p. 322, ch. Sec. 17.12. 1, eff. (2) the amount of damages found by the trier of fact. (9) "Knowingly" means actual awareness, at the time of the act or practice complained of, of the falsity, deception, or unfairness of the act or practice giving rise to the consumer's claim or, in an action brought under Subdivision (2) of Subsection (a) of Section 17.50, actual awareness of the act, practice, condition, defect, or failure constituting the breach of warranty, but actual awareness may be inferred where objective manifestations indicate that a person acted with actual awareness. Sec. Aug. 27, 1979. 6, eff. (e) This section creates no duty and imposes no obligation upon anyone other than the business that is the subject of the advertisement or listing. NO PRIVATE CAUSE OF ACTION. (3) "Person" includes an individual, corporation, or association. May 21, 1973. Sec. 17.31. Sept. 1, 1985. 17.46) protects consumers from unlawful business practices. MEAT LABELING. (c) If the parties do not agree on a mediator, the court shall appoint the mediator. (5) "Retail store" means any retail grocery store, delicatessen, butcher shop, or other place where food is sold for off-premises consumption. (c) The consumer protection division may not bring an action under Section 17.47 for an act or practice described by Subsection (b) if the price alleged to be unconscionable is less than 200 percent of the average charge for the same or substantially similar care provided to other individuals by emergency rooms of hospitals located in the same county or nearest county in which the emergency facility is located, as applicable, according to data collected by the Department of State Health Services under Chapter 108, Health and Safety Code, and made available to the division, except as provided by Subsection (d). (C) time and effort spent in pursuit of a sale or in a recruiting activity. 8, eff. (f) An order of the court awarding civil penalties under Subsection (e) of this section applies only to violations of the injunction incurred prior to the awarding of the penalty order. REVISED 02-14-2023. WebThe Texas Deceptive Trade Practices Act (DTPA) is Texas's leading consumer protection legislation. 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) 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. Sept. 1, 1995. 17.41. The DTPA empowers consumers and businesses to pursue legal action against deceptive companies and individuals as a consumer protection statute. While consumers in Texas are encouraged to be mindful of their financial and commercial activity, many consumers are unaware of the nuances of the DTPA. Added by Acts 1979, 66th Leg., p. 1331, ch. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 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 SUBCHAPTER D. COUNTERFEITING OR CHANGING A REQUIRED MARK; MISUSE OF CONTAINER BEARING MARK. 17.01. 1, eff. Aug. 27, 1979; Acts 1995, 74th Leg., ch. 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. (i) a freestanding emergency medical care facility licensed under Chapter 254, Health and Safety Code; or, (ii) a hospital that does not meet the conditions of participation for certification under Title XVIII of the Social Security Act (42 U.S.C. Sec. 17.955. 172, Sec. After a permit expires, the permit holder may not sell at retail an item offered at the sale covered by the permit. September 1, 2007. The Texas Legislature enacted the Texas Deceptive Trade Practices Act, also known as the DTPA, in 1979 to protect individuals and companies from commercial scams. 414, Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1, eff. (a) Any waiver by a consumer of the provisions of this subchapter is contrary to public policy and is unenforceable and void; provided, however, that a waiver is valid and enforceable if: (1) the waiver is in writing and is signed by the consumer; (2) the consumer is not in a significantly disparate bargaining position; and. 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. The license fee for an original or renewal license is $250. (4) that there is no adequate remedy other than receivership available to the prevailing party. DEFINITIONS. (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. (c) In determining the amount of the civil penalty imposed under this section, the court shall consider the amount necessary to deter future violations. (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. 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. (4) the use or employment by any person of an act or practice in violation of Chapter 541, Insurance Code. 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. 17.903. 489 (H.B. September 1, 2019. Added by Acts 1985, 69th Leg., ch. 17.462. Sept. 1, 2003. 5.02(6), eff. 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. (j) A person who violates Subsection (b) of this section commits a separate offense each day that the person violates a provision of that subsection. 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. '75-1.1. 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. (4) contains the appropriate disclosure prescribed by this section in English and Spanish. 17.89. 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. (i) A person who violates a provision of Subsection (b) of this section commits an offense. PENALTY. (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. 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. (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. 17.461. 291, Sec. (c)(1) It is the intent of the legislature that in construing Subsection (a) of this section in suits brought under Section 17.47 of this subchapter the courts to the extent possible will be guided by Subsection (b) of this section and the interpretations given by the Federal Trade Commission and federal courts to Section 5(a)(1) of the Federal Trade Commission Act [15 U.S.C.A. Aug. 28, 1995. (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. (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. February 23, 2023 - State attorneys general continue to be active in investigating and enforcing state laws regulating commercial activity. 7. PRIVATE USE OF STATE SEAL. (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. 28, eff. 17.91. The Act, enacted in 1973, defends consumers against (3) refuse to return the container to the owner if he requests its return. ); and. FORM OF INVENTORY. DECEPTIVE WHOLESALE AND GOING-OUT-OF-BUSINESS ADVERTISING. ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTION AND CIVIL PENALTY. May 21, 1973. 17.923. 17.464. A person seeking indemnity as provided by this section may recover all sums that he is required to pay as a result of the action, his attorney's fees reasonable in relation to the amount of work performed in maintaining his action for indemnity, and his costs. This subchapter may not be construed to: (1) limit rights and remedies available to the state or another person under any other law; (2) alter or restrict the attorney general's authority under other law with regard to conduct involving claims of patent infringement; or. 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. Section 287; or. 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