(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. (c) A person may use a representation of the state seal for a commercial purpose if the person obtains a license from the secretary of state for that use. Sec. (d) Matters closed by the filing of an assurance of voluntary compliance may be reopened at any time. 5.02(4), (5), eff. A person may not: (1) sell or offer for sale a product represented to be authentic Indian arts and crafts unless the product is in fact authentic Indian arts and crafts; (2) sell or offer for sale any authentic Indian arts and crafts or nonauthentic Indian arts and crafts represented to be made of silver unless the product is made of coin silver or sterling silver; (3) sell or offer for sale a product that is nonauthentic Indian arts and crafts unless the product is clearly labeled as to any characteristics that make it nonauthentic; (4) sell or offer for sale any turquoise, mounted or unmounted, without a disclosure of the true nature of the turquoise; or. Bus. ; violation of Floridas Deceptive and Unfair Trade Practices Act, F.S.A. 167, Sec. At issue is the claim of 17.501. (c) Before advertising a going out of business sale, the permit holder shall deliver a copy of the permit to the person publishing or broadcasting the advertisement. (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.". Sept. 1, 2003. (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. 291, Sec. (3) the seller has ceased disseminating the material. DEADLINE FOR ORDERS. Added by Acts 1973, 63rd Leg., p. 322, ch. Sec. (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. (11) "Economic damages" means compensatory damages for pecuniary loss, including costs of repair and replacement. (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. WebArticle 13 January 1998 Deceptive Trade Practices-Consumer Protection Act A. Michael Ferrill Charles A. Japhet Recommended Citation A. Michael Ferrill & Charles A. Japhet, Deceptive Trade Practices-Consumer Protection Act, 51 SMU L. REV. Added by Acts 1979, 66th Leg., p. 1332, ch. (4) "Product" means a good, a service, or intangible property of any kind. (d) Mediation shall be held within 30 days after the date the order is signed, unless the parties agree otherwise or the court determines that additional time, not to exceed an additional 30 days, is warranted. Sept. 1, 1987. 1, eff. 11.101, eff. June 1, 2002; Acts 2003, 78th Leg., ch. EXCEPTION. Not later than the fifth business day after the date on which a person files an original inventory under Section 17.83, the chief appraiser shall send notice of the filing to the comptroller, the county clerk of the county in which the person's principal place of business in the state is located, and the tax collector for each of the taxing units that tax the property described in the original inventory. (b) Without the owner's consent, no person may, (1) fill with milk, cream, butter, or ice cream; damage; mutilate; or destroy a dairy container bearing the owner's commonly used proprietary mark; or. The license fee for an original or renewal license is $250. (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. (e) 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 $10 nor more than $100. (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. 414, 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. Sec. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 1, eff. (C) time and effort spent in pursuit of a sale or in a recruiting activity. 11.18, eff. 1, eff. (a) In this section, unless the context requires a different definition, "dairy container" includes butter box, ice cream can, ice cream tub, milk bottle, milk bottle case, milk can, and milk jar. Added by Acts 1973, 63rd Leg., p. 322, ch. IDENTIFICATION, POSSESSION, AND USE OF CERTAIN CONTAINERS. This e-book provides comprehensive, in-depth, and This Assistant Attorney General I-IV positionrsquo;s work involves representing the Statersquo;s interest in deceptive trade practices and other civil matters; reviewing, evaluating, and rendering legal opinions; preparing cases for trial and assisting in drafting bills for legislative consideration. 3, eff. (1) use for any purpose outside the premises of the owner or an adjacent parking area, a container of another that is identified with or by any name or mark unless the use is authorized by the owner; (2) sell or offer for sale a container of another that is identified with or by a name or mark unless the sale is authorized by the owner; or. (B) may also include identity recovery, as defined by Section 1304.003, Occupations Code, if the product or system described by Paragraph (A) is financed under Chapter 348 or 353, Finance Code. 17.62. Renumbered from Sec. May 21, 1973. (d) The court may make such additional orders or judgments as are necessary to compensate identifiable persons for actual damages or to restore money or property, real or personal, which may have been acquired by means of any unlawful act or practice. 1, eff. 5, eff. 2) ' 75-32. Sec. Sept. 1, 1987. Except as otherwise provided by this section, an offer or a rejection of an offer may not be offered in evidence at trial for any purpose. 1, eff. 728 (H.B. Sec. In this subchapter: (1) "Performing musical group" means a vocal or instrumental group seeking to engage in a live musical performance. 1, eff. 1, eff. Sec. 1082, Sec. February 23, 2023 - State attorneys general continue to be active in investigating and enforcing state laws regulating commercial activity. (a) In this section: (1) "Compensation" means payment of money, a financial benefit, or another thing of value. Amended by Acts 1977, 65th Leg., p. 604, ch. (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. (b) No person may wilfully misrepresent the nature of his business by using in selling or advertising the word manufacturer, wholesaler, retailer, or other word of similar meaning. 17.55A by Acts 1987, 70th Leg., ch. 143, Sec. 7, eff. (4) a foreclosure sale pursuant to a deed of trust or other lien. Upon adequate notice and hearing, the court shall appoint a receiver over the defendant's business unless the defendant proves that all of the presumptions set forth in Subsection (a) of this section are not applicable. (B) imitation turquoise, which is any compound or mineral that is manufactured or treated so as to closely approximate turquoise in appearance. DECEPTIVE WHOLESALE AND GOING-OUT-OF-BUSINESS ADVERTISING. (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. Acts 2005, 79th Leg., Ch. 143, Sec. The Texas Deceptive Trade Practices Act was enacted to provide important protections for consumers. (15) "Warrantor" means a person named under the terms of a vehicle protection product warranty as the contractual obligor to a person in this state who purchases or otherwise possesses a vehicle protection product. (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. 143, Sec. 17.92. Webhe Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) 1 . In particular, this section of the DTPA lists what is considered This subchapter does not create a private cause of action for a violation of Section 17.952. Added by Acts 2007, 80th Leg., R.S., Ch. POST JUDGMENT RELIEF. (2) In construing this subchapter the court shall not be prohibited from considering relevant and pertinent decisions of courts in other jurisdictions. Added by Acts 2003, 78th Leg., ch. (iii) has not failed an accreditation for certification. 388, Sec. After consultation with an attorney of my own selection, I voluntarily consent to this waiver.". (2) "Representation of the state seal " includes a nonexact representation that the secretary of state determines is deceptively similar to the state seal. DEFINITIONS. (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; The remedies provided in this subchapter are in addition to any other procedures or remedies provided for in any other law; provided, however, that no recovery shall be permitted under both this subchapter and another law of both damages and penalties for the same act or practice. 989), Sec. May 21, 1973. Sec. 570, Sec. September 1, 2015. WebThe Texas Deceptive Trade Practices Act (DTPA) is Texas's leading consumer protection legislation. Financial interest as used in this section relates to an expectation which would be the direct result of such advertisement. SUBCHAPTER K. REGULATING THE COLLECTION OR SOLICITATION BY FOR-PROFIT ENTITIES OF CERTAIN PUBLIC DONATIONS. (b) A person owning a shopping cart, laundry cart, or container may adopt and use a name or mark on the carts or containers. 324 (S.B. Sec. Comment, Consumer Protection: The Practical Effectiveness of State Deceptive Trade Practices Legislation, 59 TUL. WebBy Tekell, David G. James Publishing. (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. (3) "Person" includes an individual, corporation, or association. (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. 4.001(b), eff. 603, Sec. 1023 (H.B. If an unwrapped or unpackaged meat product is displayed for sale, the display case or container in which the meat is displayed must be clearly labeled with the word "halal" or "nonhalal," as applicable. 489 (H.B. (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. (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. 45(a)(1)]. (3) "Dairy case" means a wire or plastic container that holds 16 quarts or more of beverage and is used by a distributor or retailer or an agent of a distributor or retailer to transport, store, or carry dairy products. (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. May 21, 1973. 17.925. 26, eff. SALE INVENTORY. 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. 1, eff. WebTexas Deceptive Trade Practices-Consumer Protection Act What Is The "Deceptive Trade Practices Act" The Texas Deceptive Trade Practices-Consumer Protection Act ("DTPA") 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. Sept. 1, 2001. (b) Except as otherwise provided by this section, a person may not use a representation of the state seal: (1) to advertise or publicize tangible personal property or a commercial undertaking; or. Sec. 1, eff. (8) "Natural turquoise" means turquoise, exclusive of any backing material, the composition of which has not been chemically or otherwise altered. SUBPOENAS. The Act, enacted in 1973, defends consumers against Sec. 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. 17.881. 2573), Sec. DECEPTIVE TRADE PRACTICES UNLAWFUL. (i) If the court finds that the offering party could not perform the offer at the time the offer was made or that the offering party substantially misrepresented the cash value of the offer, Subsections (g) and (h) do not apply. (10) "Treated turquoise" means turquoise, excluding any backing material, that has been altered to produce a change in the coloration of the natural mineral. WebThis course deals with the Texas Deceptive Trade Practices - Consumer Protection Act (DTPA), which is the primary consumer protection statute in Texas. 1, eff. The Deceptive Trade Practices Act (DTPA) gives Texas consumers the right to file a lawsuit and pursue damages when they have been victimized by a scammer or 5, 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 criminal means to cause harm to a person or property of a person; (2) accusing falsely or threatening to accuse falsely a person of fraud or any other crime; Sec. Deceptive Advertising 17.29. 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. (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. 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 Sec. REQUIRED DISCLOSURES FOR MAIL SOLICITATIONS. June 1, 2002; Acts 2003, 78th Leg., ch. 2.001, eff. 1, eff. (3) an order requiring restitution to a victim for legal and professional expenses related to the violation. (4) "State function" means a state governmental activity authorized or required by law. (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. May 23, 1977; Acts 1977, 65th Leg., p. 892, ch. 785, Sec. 1, eff. September 1, 2019. 143, Sec. 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. (6) a complete and detailed list of the goods, wares, and merchandise to be added to the inventory after the beginning date of the sale and the total cost of those items. (6) "Pyramid promotional scheme" means a plan or operation by which a person gives consideration for the opportunity to receive compensation that is derived primarily from a person's introduction of other persons to participate in the plan or operation rather than from the sale of a product by a person introduced into the plan or operation. Sept. 1, 1975; Acts 1977, 65th Leg., p. 600, ch. (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). (e) Except as specifically provided by Subsections (b) and (h), Section 17.50, nothing in this subchapter shall apply to a cause of action for bodily injury or death or for the infliction of mental anguish. (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. 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