1368 (S.B. May 23, 1977. (3) an order requiring restitution to a victim for legal and professional expenses related to the violation. MEDIATION. (f) No documentary material produced pursuant to a demand under this section, unless otherwise ordered by a court for good cause shown, shall be produced for inspection or copying by, nor shall its contents be disclosed to any person other than the authorized employee of the office of the attorney general without the consent of the person who produced the material. 17.90. 1152), Sec. 17.49. 1941), Sec. 1, eff. 595 (H.B. 7, eff. (7) "Turquoise" means a hydrous copper sulphate containing aluminum salts plus iron. 2.01, eff. 7, eff. (e) The fact that a consumer has signed a waiver under this section is not a defense to an action brought by the attorney general under Section 17.47. Added by Acts 2019, 86th Leg., R.S., Ch. WebHE Texas Deceptive Trade Practices-Consumer Protection Act ("DTPA")' was enacted in 1973 "to protect consumers against false, misleading and deceptive business practices, Aug. 26, 1985; Acts 1989, 71st Leg., ch. (D) seeking compensation for past or present infringement of the patent or for a license to the patent. 143, Sec. 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. 17.955. DEFINITIONS. (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. (a) A party may, not later than the 90th day after the date of service of a pleading in which relief under this subchapter is sought, file a motion to compel mediation of the dispute in the manner provided by this section. (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. Sept. 1, 1975; Acts 1977, 65th Leg., p. 600, ch. Sept. 1, 1995. 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 5.02(4), (5), eff. (3) the seller has ceased disseminating the material. (a) If a money judgment entered under this subchapter is unsatisfied 30 days after it becomes final and if the prevailing party has made a good faith attempt to obtain satisfaction of the judgment, the following presumptions exist with respect to the party against whom the judgment was entered: (1) that the defendant is insolvent or in danger of becoming insolvent; and, (2) that the defendant's property is in danger of being lost, removed, or otherwise exempted from collection on the judgment; and, (3) that the prevailing party will be materially injured unless a receiver is appointed over the defendant's business; and. (a) Each person selling or offering for sale authentic or nonauthentic Indian arts and crafts shall request the suppliers of those arts and crafts to disclose the methods used in producing those arts and crafts and to determine whether those arts and crafts are in fact authentic Indian arts and crafts. Sec. WebJob Description. (11) "Economic damages" means compensatory damages for pecuniary loss, including costs of repair and replacement. 603, Sec. Aug. 27, 1979; Acts 1995, 74th Leg., ch. (5) "Made by machine" means the producing or reproducing of a product in mass production by mechanically stamping, casting, blanking, or weaving. 242, Sec. Sept. 1, 1995. 1, eff. WebThe Consumer Protection Division works to protect Texas consumers and the legitimate business and charitable nonprofit communities by investigating breaches of fiduciary Added by Acts 1973, 63rd Leg., p. 322, ch. (f) A court may not award prejudgment interest applicable to: (1) damages for future loss under this subchapter; or. 5.02(6), eff. 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) A person commits an offense if the person is required to label meat in accordance with this section and the person knowingly sells meat that is not labeled as provided in this section. Sept. 1, 2001. 1, eff. Provided, however, the consumer protection division shall, at least seven days prior to instituting such court action, contact such person to inform him in general of the alleged unlawful conduct. If you have been misled or deceived in a commercial transaction, the Texas consumer fraud attorneys at Tauler Smith LLP can help you file a DTPA claim. 242, Sec. Sec. 17.61. 143, Sec. (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. MISUSING DAIRY CONTAINER BEARING PROPRIETARY MARK. LOCAL ORDINANCE OR REGULATION. (a) A for-profit entity or individual may not use a public donations receptacle to collect donated clothing or household goods and subsequently sell the donated items unless the for-profit entity or individual attaches to the receptacle a notice that: (1) is permanently and prominently displayed on the front and at least one side of the receptacle; (2) is in bold print, with letters at least two inches in height and one inch in width; (3) contains the business address, other than a post office box number, and telephone number of the for-profit entity or individual; and. (b) In asserting a defense under Subdivision (1), (2), or (3) of Subsection (a) of Section 17.506 above, the defendant shall prove the written information was a producing cause of the alleged damage. (h) This section does not apply to an action brought by the attorney general under Section 17.47. As used in this subchapter: (1) "Goods" means tangible chattels or real property purchased or leased for use. The Deceptive Trade Practices Act (DTPA) is the leading consumer protection legislation in Texas. The provisions of this subchapter apply only to acts or practices occurring after the effective date of this subchapter, except a right of action or power granted to the attorney general under Chapter 10, Title 79, Revised Civil Statutes of Texas, 1925, as amended, prior to the effective date of this subchapter. The provisions of this subchapter are not exclusive. ORIGINAL INVENTORY. Sec. 17.883. 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. Acts 2007, 80th Leg., R.S., Ch. (c) An assurance of voluntary compliance shall not be considered an admission of prior violation of this subchapter. (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. 280, Sec. 17.924. 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. Unfair and deceptive trade names; use of term "wholesale" in advertising. 1, eff. CONSTRUCTION AND APPLICATION. (2) additional damages under Subsection (b). Sec. (4) "Egg basket" means a permanent type of container that contains four dozen or more shell eggs and is used by a distributor or retailer or an agent of a distributor or retailer to transport, store, or carry eggs. 17.46. 143, Sec. 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. Acts 2017, 85th Leg., R.S., Ch. 427, 449 (1984). NOTICE OF FILING OF ORIGINAL INVENTORY. (c) If a district or county attorney, under the authority of this section, accepts assurance of voluntary compliance under Section 17.58, the district or county attorney must file the assurance of voluntary compliance in the district court in the county in which the alleged violator resides or does business. (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. If the court finds that the amount tendered in the settlement offer to compensate the consumer for attorneys' fees under Subsection (d)(2) is the same as, substantially the same as, or more than the amount of reasonable and necessary attorneys' fees incurred by the consumer as of the date of the offer, the consumer may not recover attorneys' fees greater than the amount of fees tendered in the settlement offer. (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. 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