5, eff. (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. 291, Sec. Renumbered from Bus. 1276, Sec. (b) Chapter 27, Property Code, prevails over this subchapter to the extent of any conflict. Private Use of State Seal 17.11. 1, eff. Sept. 1, 1985. 5, eff. (B) the 10th day before the date of any hearing on class certification or a proposed settlement. 143, Sec. This subchapter does not create a private cause of action for a violation of Section 17.952. 1, eff. (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. 17.904. Sec. September 1, 2019. (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. 1230 (H.B. (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. 143, Sec. Sec. Sec. (9) "Stabilized turquoise" means turquoise, excluding any backing material, that has been chemically hardened, but not adulterated so as to change the color of the natural mineral. 17.5051. (d) It is not a defense to prosecution for an offense under this section that the pyramid promotional scheme involved both a franchise to sell a product and the authority to sell additional franchises if the emphasis of the scheme is on the sale of additional franchises. PENALTIES. (3) "Person" includes an individual, corporation, or association. 17.61. 1368 (S.B. 1, eff. 2612), Sec. 1, eff. DEFINITIONS. 380, Sec. 17.55A by Acts 1987, 70th Leg., ch. (f) A settlement offer tendered by a person against whom a claim under this subchapter is pending that complies with this section and that has been rejected by the consumer may be filed with the court with an affidavit certifying its rejection. 4, eff. (e) Unless both parts of an offer of settlement required under Subsection (d) are accepted by the consumer not later than the 30th day after the date the offer is made, the offer is rejected. 1941), Sec. (2) the amount of damages found by the trier of fact. (a) In this section: (1) "Commercial purpose" means a purpose that is intended to result in a profit or other tangible benefit but does not include: (A) official use of the state seal or a representation of the state seal in a state function; (B) use of the state seal or a representation of the state seal for a political purpose by an elected official of this state; (C) use of the state seal or a representation of the state seal in an encyclopedia, dictionary, book, journal, pamphlet, periodical, magazine, or newspaper incident to a description or history of seals, coats of arms, heraldry, or this state; (D) use of the state seal or a representation of the state seal in a library, museum, or educational facility incident to descriptions or exhibits relating to seals, coats of arms, heraldry, or this state; (E) use of the state seal or a representation of the state seal in a theatrical, motion-picture, television, or similar production for a historical, educational, or newsworthy purpose; or. Acts 2007, 80th Leg., R.S., Ch. Sec. Acts 2017, 85th Leg., R.S., Ch. CUMULATIVE REMEDIES. 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. 216, Sec. 1, eff. (b) For purposes of Section 17.46(a), the term "false, misleading, or deceptive acts or practices" includes an emergency facility that: (1) provides emergency care at an unconscionable price; or. WebContact Texas Law Texas Law. Sept. 1, 2003. (a) This section applies only to an act described by Section 17.46(b)(31). (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. September 1, 2017. Sept. 1, 1995. GENERAL DESCRIPTION. 17.46. (b) Nothing in this subchapter shall apply to acts or practices authorized under specific rules or regulations promulgated by the Federal Trade Commission under Section 5(a)(1) of the Federal Trade Commission Act [15 U.S.C.A. (a) It is the duty of the district and county attorneys to lend to the consumer protection division any assistance requested in the commencement and prosecutions of action under this subchapter. (5) "Retail store" means any retail grocery store, delicatessen, butcher shop, or other place where food is sold for off-premises consumption. Such persons shall be deemed to have submitted themselves to the jurisdiction of this state within the meaning of this section. INDEMNITY. Added by Acts 1973, 63rd Leg., p. 322, ch. Costs and fees of such receivership or other relief shall be assessed against the defendant. 603, Sec. 45(a)(1)]. (e) Any person who violates the terms of an injunction under this section shall forfeit and pay to the state a civil penalty of not more than $10,000 per violation, not to exceed $50,000. (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. Sept. 1, 1995. 1, eff. 143, Sec. Aug. 29, 1983; Acts 1987, 70th Leg., ch. The underlying purpose of the statute is to protect consumers against false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty in an economical and efficient manner. (8) "Natural turquoise" means turquoise, exclusive of any backing material, the composition of which has not been chemically or otherwise altered. The Texas Deceptive Trade Practices Consumer Protection Act. 2) ' 75-32. 17.50A and amended by Acts 1987, 70th Leg., ch. Section 287; or. Sept. 1, 1985. An offense under this section is a Class C misdemeanor. 1977-. 1, eff. 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 The Deceptive Trade Practices Act (DTPA) is the main consumer protection law in Texas. 3, eff. 1265), Sec. Amended by Acts 1977, 65th Leg., p. 604, ch. 167, Sec. Added by Acts 1979, 66th Leg., p. 1332, ch. Amended by Acts 1977, 65th Leg., p. 604, ch. LOCAL ORDINANCE OR REGULATION. 2.01, eff. Acts 1967, 60th Leg., p. 2343, ch. (h) This section does not apply to an action brought by the attorney general under Section 17.47. Renumbered from Sec. Added by Acts 1973, 63rd Leg., p. 322, ch. Acts 2007, 80th Leg., R.S., 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. (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. Added by Acts 1995, 74th Leg., ch. 9, eff. WebThis course deals with the Texas Deceptive Trade Practices - Consumer Protection Act (DTPA), which is the primary consumer protection statute in Texas. (d) If the attorney general determines that the consumer protection division is unable to obtain the charge data described by Subsection (c), the attorney general may adopt rules designating another source of hospital charge data for use by the division in establishing the average charge for emergency care or other care provided by hospital emergency rooms for purposes of Subsection (c). 17.44. 897, Sec. The term does not include exemplary damages or damages for physical pain and mental anguish, loss of consortium, disfigurement, physical impairment, or loss of companionship and society. Amended by Acts 1995, 74th Leg., ch. 1, eff. 595 (H.B. 17.08. (2) "Recording group" means a vocal or instrumental group of which one or more members: (A) has released a sound recording under that group's name for commercial purposes; and. 17.47. (4) identify the persons authorized by the consumer protection division to whom the documentary material is to be made available for inspection and copying. Added by Acts 1973, 63rd Leg., p. 322, ch. Sec. 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. 414, Sec. (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. The Act gives consumers a way to sue (b) In a suit filed under this section, each consumer who prevails may obtain: (1) the amount of economic damages found by the trier of fact. 411 (S.B. (A) means a product or system, including a written warranty: (a) installed on or applied to a vehicle; and, (b) designed to prevent loss of or damage to a vehicle from a specific cause; and, (ii) under which, after installation or application of the product or system described by Subparagraph (i), if loss or damage results from the failure of the product or system to perform as represented in the warranty, the warrantor, to the extent agreed on as part of the warranty, is required to pay expenses to the person in this state who purchases or otherwise possesses the product or system for the loss of or damage to the vehicle; and. Aug. 27, 1979. 167, Sec. May 23, 1977; Acts 1979, 66th Leg., p. 1327, ch. (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. 280, Sec. 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