June 1, 2002; Acts 2003, 78th Leg., ch. Sept. 1, 2001. 1, eff. (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. EXCEPTION. '2 (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. May 21, 1973. An action brought under this subchapter may be brought: (1) in any county in which venue is proper under Chapter 15, Civil Practice and Remedies Code; or. (d) A common carrier or contract carrier, unless engaged in the transporting of dairy products, eggs, and poultry to and from farms where they are produced, may not receive or transport a container marked with a name or mark unless the carrier has in the carrier's possession a bill of lading or invoice for the container. (a) To conduct a going out of business sale, a person must file an original inventory with the chief appraiser of the appraisal district in which the person's principal place of business in the state is located. (C) time and effort spent in pursuit of a sale or in a recruiting activity. The full text can be found starting at section 17.41 of the Texas Business and Commerce Code. May 23, 1977; Acts 1979, 66th Leg., p. 1332, ch. Sec. May 23, 1977; Acts 1979, 66th Leg., p. 1332, ch. (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.". 17.461. 4, eff. 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. PENALTY. 4.001(a), eff. WebSec. September 1, 2015. 17.462. 17.88. (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. 17.41. LOCAL ORDINANCE OR REGULATION. 1, eff. Sec. Aug. 27, 1979. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. September 1, 2017. 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. Added by Acts 1973, 63rd Leg., p. 322, ch. MEAT LABELING. A district or county attorney may institute a suit described by this section on or after the 90th day after the date the attorney general receives the notice required by Section 17.48 unless before the 90th day after the date the notice is received the attorney general responds that it is actively investigating or litigating at least one of the alleged violations set forth in the notice. (a) If a person sells both kosher meat and nonkosher meat in the same retail store, the person shall clearly label each portion of kosher meat with the word "kosher." (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. The secretary of state may examine the records during reasonable business hours to determine the licensee's compliance with this section. 3, eff. 728 (H.B. 463, Sec. 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. (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. Added by Acts 1995, 74th Leg., ch. 9. UNAUTHORIZED ADVERTISEMENT, PROMOTION, OR CONDUCTION OF CERTAIN LIVE MUSICAL PERFORMANCES. (1) a publisher of a telephone directory or other publication or a provider of a directory assistance service publishing or providing information about another business; (2) an Internet website that aggregates and provides information about other businesses; (3) an owner or publisher of a print medium providing information about other businesses; (5) an Internet service that displays or distributes advertisements for other businesses. Sec. (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. 1, eff. Sec. Acts 1967, 60th Leg., p. 2343, ch. 167, Sec. (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. 1, eff. (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. (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. 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. In this subsection, "prosecuting attorney" has the meaning assigned by Section 41.101, Government Code. (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. 17.925. (3) breaking, damaging, or destroying a full or empty reusable container is prima facie evidence of his violating a provision of Subsection (b) of this section. (4) a foreclosure sale pursuant to a deed of trust or other lien. As a prerequisite to filing a suit seeking damages under this Act, the consumer must send a 3, eff. Sec. 17.87. 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. INDEMNITY. 138, Sec. Sec. LISTING OF BUSINESS LOCATION OF CERTAIN BUSINESSES. 1, eff. Aug. 26, 1985; Acts 1989, 71st Leg., ch. 8, eff. Acts 2015, 84th Leg., R.S., Ch. Added by Acts 1973, 63rd Leg., p. 322, ch. 1152), Sec. A person may not conduct a going out of business sale beginning within two years after the ending date of the most recent going out of business sale conducted by the person. (10) "Treated turquoise" means turquoise, excluding any backing material, that has been altered to produce a change in the coloration of the natural mineral. The provisions of this subchapter are not exclusive. Sec. 759 (H.B. (b) In addition to seeking an injunction under Subsection (a), the attorney general may request and the court may order any other relief that may be in the public interest, including: (1) the imposition of a civil penalty in an amount not to exceed $50,000 for each violation of Section 17.952; (2) an order requiring reimbursement to this state for the reasonable value of investigating and prosecuting a violation of Section 17.952; and. DEFINITIONS. No district or county attorney may bring an action under this section against any licensed insurer or licensed insurance agent transacting business under the authority and jurisdiction of the State Board of Insurance unless first requested in writing to do so by the State Board of Insurance, the commissioner of insurance, or the consumer protection division pursuant to a request by the State Board of Insurance or commissioner of insurance. (1) fill the container for sale or other commercial purpose; (2) deface, cover up, or remove the proprietary mark from the container; or. Sept. 1, 2001; Acts 2001, 77th Leg., ch. (a) A person engages in a deceptive trade practice when, in the course of his or her business, vocation, or occupation, the person: (1) passes off goods or services as those of another; (2) causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services; Sec. We will also examine September 1, 2019. Give to Texas Law Connect with Texas Law 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 (a) As a prerequisite to filing a suit seeking damages under Subdivision (1) of Subsection (b) of Section 17.50 of this subchapter against any person, a consumer shall give written notice to the person at least 60 days before filing the suit advising the person in reasonable detail of the consumer's specific complaint and 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. EXEMPTIONS. For the purpose of the recovery of damages for a cause of action described by this subsection only, a reference in this subchapter to economic damages means actual damages. (3) a description of the place where the sale was held. Aug. 28, 1989. In this subchapter: (1) "Halal," as applied to food, means food prepared and served in conformity with Islamic religious requirements according to a recognized Islamic authority. (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. (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. May 21, 1973. Acts 2015, 84th Leg., R.S., Ch. 2140), Sec. Acts 2019, 86th Leg., R.S., Ch. 17.555. RESTRAINING ORDERS. 1, eff. 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. Text of section as amended by Acts 1995, 74th Leg., ch. The order shall limit the duration of the receivership to such time as the judgment or judgments awarded under this subchapter are paid in full. Sec. LATER SALES. WebThis course deals with the Texas Deceptive Trade Practices - Consumer Protection Act (DTPA), which is the primary consumer protection statute in Texas. SUBCHAPTER K. REGULATING THE COLLECTION OR SOLICITATION BY FOR-PROFIT ENTITIES OF CERTAIN PUBLIC DONATIONS. 167, Sec. 3167), Sec. (b) No person may solicit advertising in the name of a club, association, or organization without the written permission of such club, association, or organization or distribute any publication purporting to represent officially a club, association, or organization without the written authority of or a contract with such club, association, or organization and without listing in such publication the complete name and address of the club, association, or organization endorsing it. Web800-621-0508 (consumer protection hotline) or 1-800-252-8011 (general hotline). 2573), Sec. Since the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 and pursuant to the Credit Card Accountability Responsibility and Disclosure Act of 2009, the CFPB has submitted a report to Amended by Acts 1977, 65th Leg., p. 602, ch. (6) any other matter that justice may require. (f) A person licensed under this section shall maintain records relating to the licensee's use of the state seal in the manner required by the rules of the secretary of state. The attorney general may bring an action to enjoin a violation of this subchapter. May 23, 1977. 4170), Sec. 17.91. Amended by Acts 1977, 65th Leg., p. 604, ch. (3) the seller has ceased disseminating the material. (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 court issues a permanent injunction to restrain and prevent a violation of Section 17.902, the court may make additional orders or judgments as necessary to restore money or other property that may have been acquired because of a violation of this subchapter. 8, eff. 1152), Sec. (e) In an action brought under Section 17.47 to enforce this section, the consumer protection division may request, and the trier of fact may award the recovery of: (1) reasonable attorney's fees and court costs; and. (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. FINAL INVENTORY. (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. (B) resembles a governmental notice or form that represents or implies that a criminal penalty may be imposed if the recipient does not remit payment for the good or service; (30) delivering or distributing a solicitation in connection with a good or service that resembles a check or other negotiable instrument or invoice, unless the portion of the solicitation that resembles a check or other negotiable instrument or invoice includes the following notice, clearly and conspicuously printed in at least 18-point type: (31) in the production, sale, distribution, or promotion of a synthetic substance that produces and is intended to produce an effect when consumed or ingested similar to, or in excess of, the effect of a controlled substance or controlled substance analogue, as those terms are defined by Section 481.002, Health and Safety Code: (A) making a deceptive representation or designation about the synthetic substance; or. Each licensee shall display the license in a conspicuous manner in the licensee's office or place of business. (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. September 1, 2019. 1, eff. 17.49. Sept. 1, 1995. 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. Sec. 17.46) protects consumers from unlawful business practices. (4) pursuant to an order of the appropriate court, impound any sample of merchandise that is produced in accordance with this subchapter and retain it in the possession of the division until the completion of all proceedings in connection with which the merchandise is produced. GENERAL DESCRIPTION. Each violation constitutes a separate offense. 414, Sec. September 1, 2017. (b) A communication is a bad faith claim of patent infringement if the communication includes a claim that the end user or a person affiliated with the end user has infringed a patent and is liable for that infringement and: (1) the communication falsely states that the sender has filed a lawsuit in connection with the claim; (2) the claim is objectively baseless because: (A) the sender or a person the sender represents does not have a current right to license the patent to or enforce the patent against the end user; (B) the patent has been held invalid or unenforceable in a final judgment or administrative decision; or, (C) the infringing activity alleged in the communication occurred after the patent expired; or. Added by Acts 2019, 86th Leg., R.S., Ch. (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. June 12, 1969. A consumer aggrieved by a violation of this subchapter may maintain a cause of action for damages in accordance with Section 17.50. (3) "Nonauthentic Indian arts and crafts" means any product that is made to imitate or resemble authentic Indian arts and crafts and that: (B) is made by machine or from unnatural materials, except stabilized or treated turquoise. Added by Acts 2007, 80th Leg., R.S., Ch. L. REv. 2, 3, eff. 856 (S.B. September 1, 2007. WebBy Tekell, David G. James Publishing. (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. 17.903. Sec. 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. 17.854. 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