(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. CIVIL PENALTY. The clerk of a district court at the request of any party to a suit pending in his court which is brought under this subchapter shall issue a subpoena for any witness or witnesses who may be represented to reside within 100 miles of the courthouse of the county in which the suit is pending or who may be found within such distance at the time of trial. 291, Sec. MEDIATION. (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. 1, eff. (h) If the court makes the finding described by Subsection (g), the court shall determine reasonable and necessary attorneys' fees to compensate the consumer for attorneys' fees incurred before the date and time of the rejected settlement offer. 17.881. 17.56. (4) identify the persons authorized by the consumer protection division to whom the documentary material is to be made available for inspection and copying. (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. 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 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. (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. 17.42. (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) must state: Sec. 307, Sec. (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. The Texas Deceptive Trade Practices Consumer Protection Act. (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. 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. Renumbered from Bus. An act or practice is not specifically authorized if no rule or regulation has been issued on the act or practice. (3) "Official use" means the use of the state seal by an officer or employee of this state in performing a state function. (c) A civil investigative demand may contain a requirement or disclosure of documentary material which would be discoverable under the Texas Rules of Civil Procedure. The Consumer Protection Division works to protect Texas consumers and the legitimate business and charitable nonprofit communities by investigating breaches of fiduciary duties, fraud, misrepresentations, and deceptive advertising; filing civil lawsuits to enforce state and federal consumer protection and charitable trust laws; and educating 414, Sec. 17.464. (iii) has not failed an accreditation for certification. (h) This section does not apply to an action brought by the attorney general under Section 17.47. Sept. 1, 1985. 1013, Sec. To be eligible for relief under the Texas DTPA, you must be a consumer. PYRAMID PROMOTIONAL SCHEME. Acts 2007, 80th Leg., R.S., Ch. 603, Sec. 27, eff. Sec. Aug. 29, 1983; Acts 1995, 74th Leg., ch. 5 (2d ed. Sec. (e) This section creates no duty and imposes no obligation upon anyone other than the business that is the subject of the advertisement or listing. 17.56. (3) the consumer is represented by legal counsel in seeking or acquiring the goods or services. (c) In determining the amount of the civil penalty imposed under this section, the court shall consider the amount necessary to deter future violations. 8, eff. As used in this subchapter: (1) "Goods" means tangible chattels or real property purchased or leased for use. (2) substitute on a dairy container his proprietary mark for that of the owner. The secretary of state may bring a civil action to enjoin a violation of this section or the rules adopted under this section. 76, Sec. MISUSING DAIRY CONTAINER BEARING PROPRIETARY MARK. 138, Sec. 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. 962, Sec. PRODUCTION, SALE, DISTRIBUTION, OR PROMOTION OF CERTAIN SYNTHETIC SUBSTANCES. September 1, 2017. (6) any other matter that justice may require. Sec. Comment, Consumer Protection: The Practical Effectiveness of State Deceptive Trade Practices Legislation, 59 TUL. 728 (H.B. Renumbered from Sec. Sec. (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. Sec. Sept. 1, 2003. 861 (H.B. 17.50B and amended by Acts 1987, 70th Leg., ch. 603, Sec. (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; Acts 1989, 71st Leg., ch. 1229, Sec. Added by Acts 1989, 71st Leg., ch. 1, eff. The original inventory must be accompanied by a filing fee of $20. 17.55A by Acts 1987, 70th Leg., ch. Amended by Acts 1977, 65th Leg., p. 604, ch. (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. In addition to unfair and deceptive trade practice violations, there are numerous statutes that address specific advertising practices. 11.20, eff. 8, eff. May 21, 1973. (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. 2, eff. September 1, 2015. (3) "Household goods" mean furniture, furnishings, or personal effects used or for use in a dwelling. 897, Sec. September 1, 2015. SALE INVENTORY. Thus, the plaintiff could not seek refuge under a longer limitations period.10 414, Sec. September 1, 2007. 17.63. Sept. 1, 1987. (5) sells an item at retail in violation of Section 17.88 of this code. (d) Each consumer who prevails shall be awarded court costs and reasonable and necessary attorneys' fees. WebJob Description. 143, Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 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. Sec. DECEPTIVE ADVERTISING. May 21, 1973. Sec. (g) In determining the amount of penalty imposed under Subsection (c), the trier of fact shall consider: (1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of any prohibited act or practice; (3) the amount necessary to deter future violations; (4) the economic effect on the person against whom the penalty is to be assessed; (5) knowledge of the illegality of the act or practice; and. (a) In Subsection (b) of this section, unless the context requires a different definition, "wholesaler" means a person who sells for the purpose of resale and not directly to a consuming purchaser. CONSUMER PROTECTION DIVISION PARTICIPATION IN CLASS ACTION. A consumer aggrieved by a violation of this chapter may maintain a cause of action for damages in accordance with Section 17.50 of this code. (h) A person who violates Section 17.46(b)(26) is jointly and severally liable under that subdivision for actual damages, court costs, and attorney's fees. 727 East Dean Keeton St. Austin, Texas 78705 (512) 471-5151. 360, Sec. (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. Sept. 1, 1995. (4) any other relief which the court deems proper, including the appointment of a receiver or the revocation of a license or certificate authorizing a person to engage in business in this state if the judgment has not been satisfied within three months of the date of the final judgment. Sec. Sec. 3, eff. (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. IDENTIFICATION, POSSESSION, AND USE OF CERTAIN CONTAINERS. (2) "Label" means a display of written, printed, or graphic matter on the immediate article or container of any food product. SUBCHAPTER D. COUNTERFEITING OR CHANGING A REQUIRED MARK; MISUSE OF CONTAINER BEARING MARK. 37166 Satisfied customers. May 23, 1977; Acts 1979, 66th Leg., p. 1332, ch. Sec. 17.463. 5.02(6), eff. Acts 2017, 85th Leg., R.S., Ch. September 1, 2019. The term does not include: (A) a purchase of a product furnished at cost to be used in making a sale and not for resale; (B) a purchase of a product subject to a repurchase agreement that complies with Subsection (b); or. Section 287; or. 1, eff. Failure to comply with any final order entered under this section is punishable by contempt. 17.461. 7, eff. These actions are also violations of the Texas Deceptive Trade Practices/Consumer Protection Act, which gives the Attorney General the authority to take action in the public interest. 6, eff. 167, Sec. & C. Code 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. May 23, 1977; Acts 1979, 66th Leg., p. 1332, ch. Aug. 29, 1983; Acts 1987, 70th Leg., ch. Representation of winning a prize.ii 3) ' 75-33. Sec. 143, 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. (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.
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