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. (5) a violation of Section 17.46(b)(26). A person may not advertise, promote, or conduct a live musical performance in this state through the use of a false, deceptive, or misleading affiliation, connection, or association between a recording group and a performing musical group. (6) "Trade" and "commerce" mean the advertising, offering for sale, sale, lease, or distribution of any good or service, of any property, tangible or intangible, real, personal, or mixed, and any other article, commodity, or thing of value, wherever situated, and shall include any trade or commerce directly or indirectly affecting the people of this state. Amended by Acts 1989, 71st Leg., ch. May 21, 1973. Added by Acts 1973, 63rd Leg., p. 322, ch. Sept. 1, 1995. Added by Acts 1973, 63rd Leg., p. 322, ch. (8) "Consumer protection division" means the consumer protection division of the attorney general's office. 1082, Sec. WebHE Texas Deceptive Trade Practices-Consumer Protection Act ("DTPA")' was enacted in 1973 "to protect consumers against false, misleading and deceptive business practices, Sec. 1, eff. Each performance that violates Section 17.902 constitutes a separate violation. 2, eff. 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. (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. To be eligible for relief under the Texas DTPA, you must be a consumer. (a) A person may not send to an end user located or doing business in this state a written or electronic communication that is a bad faith claim of patent infringement. (5) sell or offer for sale art represented to be by an American Indian unless it is in fact produced by an American Indian. 5.02(6), eff. (4) identify the persons authorized by the consumer protection division to whom the documentary material is to be made available for inspection and copying. 143, Sec. 595 (H.B. 17.462. Failure to comply with any final order entered under this section is punishable by contempt. Amended by Acts 2001, 77th Leg., ch. 17.952. Amended by Acts 1977, 65th Leg., p. 604, ch. Uniform Deceptive Trade Practices Act Adopted: No (Bus. (a) If the attorney general believes that a person has violated or is violating Section 17.952, the attorney general may bring an action on behalf of the state to enjoin the person from violating that section. (a) No person may disseminate a statement he knows materially misrepresents the cost or character of tangible personal property, a security, service, or anything he may offer for the purpose of, (1) selling, contracting to sell, otherwise disposing of, or contracting to dispose of the tangible personal property, security, service, or anything he may offer; or. (3) written information concerning a test required or prescribed by a government agency if the information from the test was false or inaccurate and the defendant did not know and could not reasonably have known of the falsity or inaccuracy of the information. 967 (S.B. Costs and fees of such receivership or other relief shall be assessed against the defendant. (b) If the giving of 60 days' written notice is rendered impracticable by reason of the necessity of filing suit in order to prevent the expiration of the statute of limitations or if the consumer's claim is asserted by way of counterclaim, the notice provided for in Subsection (a) of this section is not required, but the tender provided for by Subsection (d), Section 17.506 of this subchapter may be made within 60 days after service of the suit or counterclaim. 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. (g) Nothing in this subchapter shall apply to a cause of action arising from a transaction, a project, or a set of transactions relating to the same project, involving total consideration by the consumer of more than $500,000, other than a cause of action involving a consumer's residence. (6) "Sell" means to offer for sale, expose for sale, have in possession for sale, convey, exchange, barter, or trade. 143, Sec. 172, Sec. (d) The court shall abate the suit if the court, after a hearing, finds that the person is entitled to an abatement because notice was not provided as required by this section. People who are injured by a violation of this law may recover damages, possible treble damages, as well The secretary of state, under the authority vested in the secretary as custodian of the seal under Article IV, Section 19, of the Texas Constitution, shall issue a license to a person who applies for a license on a form provided by the secretary of state and who pays the fees required under this section if the secretary of state determines that the use is in the best interests of the state and not detrimental to the image of the state. 1, eff. (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. May 21, 1973. September 1, 2017. 17.93. 324 (S.B. Sec. 17.555. Added by Acts 1973, 63rd Leg., p. 322, ch. 2017. Each violation constitutes a separate offense. DISPOSITION OF SALE ITEMS. 467 (H.B. An offense under this subchapter is punishable by the fine imposed for an offense under Section 17.12(d). MISUSING CONTAINER; EVIDENCE OF MISUSE AND CONTAINER'S OWNERSHIP. 1457), Sec. 17.56. 2, eff. The period of limitation provided in this section may be extended for a period of 180 days if the plaintiff proves that failure timely to commence the action was caused by the defendant's knowingly engaging in conduct solely calculated to induce the plaintiff to refrain from or postpone the commencement of the action. (2) "proprietary mark" includes word, name, symbol, device, and any combination of them in any form or arrangement, used by a person to identify his tangible personal property and distinguish it from the tangible personal property of another. September 1, 2017. Aug. 28, 1989. DEFINITIONS. (2) wilfully refuse to return on request to the owner a dairy container bearing his commonly used proprietary mark. REQUIRED DISCLOSURES FOR MAIL SOLICITATIONS. & C. Code Sec. (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. Acts 1967, 60th Leg., p. 2343, ch. 17.955. The office of the attorney general may use the documentary material or copies of it as it determines necessary in the enforcement of this subchapter, including presentation before any court. (d) The attorney general or the prosecuting attorney in the county in which the violation occurs may bring an action to recover the civil penalty imposed under this section. 189 (S.B. 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 (b) The original inventory must include: (1) the name and address of the owner of the goods, wares, or merchandise to be sold; (2) the name and address of the owner of the defunct business, the former stock in trade of which is to be offered for sale, and the full name of the defunct business; (3) a description of the place where the liquidation sale is to be held; (4) a statement of the beginning and ending dates of the sale; (5) a complete and detailed inventory of the goods, wares, and merchandise to be offered on the beginning date of the sale and the total cost of those items; and. Aug. 27, 1979; Acts 1995, 74th Leg., ch. (2) the reasonable expenses incurred by the division in obtaining any remedy available under Section 17.47, including the cost of investigation, witness fees, and deposition expenses. 17.505. 1229, Sec. (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. Last Updated on December 12, 2022 This article provides information on the Texas Deceptive Trade Practices Act (DTPA). 1, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. September 1, 2019. Sept. 1, 2003. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 785, Sec. An act or practice is not specifically authorized if no rule or regulation has been issued on the act or practice. 2, 3, eff. Acts 2017, 85th Leg., R.S., Ch. (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. 17.57. (2) "Container" means a bakery basket or tray, dairy case, egg basket, poultry box, or other container used to transport, store, or carry a product. Amended by Acts 1995, 74th Leg., ch. Sec. 143, Sec. Aug. 27, 1979; Acts 1987, 70th Leg., ch. These are: Click the card to flip Definition 1 / 69 -The false statement or representation of a material fact. Sec. Intention may be inferred from objective manifestations that indicate that the person acted intentionally or from facts showing that a defendant acted with flagrant disregard of prudent and fair business practices to the extent that the defendant should be treated as having acted intentionally. Sec. Acts 2019, 86th Leg., R.S., Ch. Give to Texas Law Connect with Texas Law 1, eff. Sec. Added by Acts 1973, 63rd Leg., p. 322, ch. 17.851. NOTICE; INSPECTION. LIMITATION. (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. (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. ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTION AND CIVIL PENALTY. (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. 1, eff. (2) an amount of money to compensate the consumer for the consumer's reasonable and necessary attorneys' fees incurred as of the date of the offer. 216, Sec. (b) A waiver under Subsection (a) is not effective if the consumer's legal counsel was directly or indirectly identified, suggested, or selected by a defendant or an agent of the defendant. (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. Added by Acts 1985, 69th Leg., ch. DECEPTIVE TRADE PRACTICES UNLAWFUL. 1, eff. 17.92. Broadly prohibits deceptive acts Strong Alaska Stat. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. Aug. 29, 1983; Acts 1987, 70th Leg., ch. September 1, 2017. DECEPTIVE WHOLESALE AND GOING-OUT-OF-BUSINESS ADVERTISING. September 1, 2019. Aug. 29, 1977; Acts 1979, 66th Leg., p. 1327, ch. 1977-. Among the most 54), Sec. Sept. 1, 2001. 3, eff. (a) A person may not misrepresent the geographical location of a business that derives 50 percent or more of its gross income from the sale or arranging for the sale of flowers or floral arrangements in the listing of the business: (1) in a telephone directory or other directory assistance database; (b) A person is considered to misrepresent the geographical location of a business for purposes of Subsection (a) if the name of the business indicates that the business is located in a geographical area and: (1) the business is not located within the geographical area indicated; (2) the listing fails to identify the municipality and state of the business's geographical location; and. 2552), Sec. Acts 2019, 86th Leg., R.S., Ch. 17.882. Added by Acts 2003, 78th Leg., 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. SALE OF NONHALAL FOOD. 1, eff. 1082, Sec. 1, eff. (a) This subchapter shall be liberally construed and applied to promote its underlying purposes, which are to protect consumers against false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty and to provide efficient and economical procedures to secure such protection. (b) The permit holder must post the permit in a conspicuous place at the location of the going out of business sale. WebOne year later, a motion by Ford to reassign three other cases in the same court and consolidate them was granted. 291, Sec. DECEPTIVE ADVERTISING. (5) "Retail store" means a retail grocery store, delicatessen, butcher shop, or other place where food is sold for off-premises consumption. 603, Sec. WebBy Tekell, David G. James Publishing. WebUnfair Trade Practices and Consumer Protection Act PUBLIC ENFORCEMENT COMMENTS 1. Bus. Aug. 27, 1979; Acts 1995, 74th Leg., ch. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 724, Sec. Sept. 1, 2003. 138, Sec. 2065), Sec. (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. 117, Sec. The following are 25 prohibited acts that are considered false, misleading, or deceptive. Sec. (b) An offense under this section is a Class A misdemeanor. 1, eff. (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. SUBPOENAS. 167, Sec. (2) additional damages under Subsection (b). 2, eff. Aug. 27, 1979; Acts 1983, 68th Leg., p. 4943, ch. (a) After receiving an original inventory, the chief appraiser shall issue to the applicant a permit for a going out of business sale. 167, Sec. 414, Sec. Cal. 45.50.471(a) b. WebWe protect Texas consumers by accepting complaints, filing civil cases in the public interest and educating Texans on how to spot and avoid possible scams. Sec. Sept. 1, 2001. Acts 2015, 84th Leg., R.S., Ch. May 21, 1973. 4, eff. NOTICE OF FILING OF ORIGINAL INVENTORY. Sec. 427, 449 (1984). 1, eff. Acts 2015, 84th Leg., R.S., Ch. 1, eff. May 23, 1977; Acts 1979, 66th Leg., p. 1329, ch. Scope of statute a. Sec. PENALTY. 1, eff. 380, Sec. 1, eff. Acts 2019, 86th Leg., R.S., Ch. (F) use of the state seal or a representation of the state seal for another historical, educational, or newsworthy purpose if authorized in writing by the secretary of state. Sec. 861 (H.B. Added by Acts 2009, 81st Leg., R.S., Ch. 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. The secretary of state may examine the records during reasonable business hours to determine the licensee's compliance with this section. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 28, eff. Sept. 1, 1995. 143, Sec. (3) an order requiring restitution to a victim for legal and professional expenses related to the violation. WebThe Texas Deceptive Trade Practices Act (DTPA) protects Texans against false, deceptive and misleading business practices. WebThe consolidated amended complaint was filed Sept. 25, 2020, and brings claims for breach of express warranty and breach of implied warranty under several states laws; violation of the Magnuson-Moss Warranty Act, 15 U.S.C. A finding of one producing cause does not bar recovery if other conduct of the defendant not the subject of a defensive finding under Subdivision (1), (2), or (3) of Subsection (a) of Section 17.506 above was a producing cause of damages of the plaintiff. May 21, 1973. 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. (f) Nothing in the subchapter shall apply to a claim arising out of a written contract if: (1) the contract relates to a transaction, a project, or a set of transactions related to the same project involving total consideration by the consumer of more than $100,000; (2) in negotiating the contract the consumer is represented by legal counsel who is not directly or indirectly identified, suggested, or selected by the defendant or an agent of the defendant; and. 463, Sec. 17.08. If the trier of fact finds that the conduct of the defendant was committed knowingly, the consumer may also recover damages for mental anguish, as found by the trier of fact, and the trier of fact may award not more than three times the amount of economic damages; or if the trier of fact finds the conduct was committed intentionally, the consumer may recover damages for mental anguish, as found by the trier of fact, and the trier of fact may award not more than three times the amount of damages for mental anguish and economic damages; (2) an order enjoining such acts or failure to act; (3) orders necessary to restore to any party to the suit any money or property, real or personal, which may have been acquired in violation of this subchapter; and. (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. 4, eff. 242, Sec. This subchapter may be cited as the Deceptive Trade Practices-Consumer Protection Act. This exemption does not apply to: (2) a failure to disclose information in violation of Section 17.46(b)(24); or. 967 (S.B. In this subchapter, "end user" means a person that purchases, rents, leases, or otherwise obtains a product, service, or technology in the commercial market that is not for resale and that is, or later becomes, the subject of a patent infringement assertion due to the person's use of the product, service, or technology. 1, eff. Aug. 27, 1979; Acts 1989, 71st Leg., ch. Deceptive Advertising 17.29. 1, eff. 45(a)(1)]. 17.953. Added by Acts 1973, 63rd Leg., p. 322, ch. 17.4625. 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. (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)(4) must state: "THIS DONATION RECEPTACLE IS OPERATED BY (NAME OF FOR-PROFIT ENTITY OR INDIVIDUAL) ON BEHALF OF (NAME OF CHARITABLE ORGANIZATION). 17.29. September 1, 2015. 17.461. 4, eff. The original inventory must be accompanied by a filing fee of $20. September 1, 2007. (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. (2) "Services" means work, labor, or service purchased or leased for use, including services furnished in connection with the sale or repair of goods. Added by Acts 1973, 63rd Leg., p. 322, ch. Aug. 27, 1979. (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. 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