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Unformatted text preview: CHAPTER 17. DECEPTIVE TRADE PRACTICES SUBCHAPTER E. DECEPTIVE TRADE PRACTICES AND CONSUMER PROTECTION § 17.41. Short Title This subchapter may be cited as the Deceptive Trade Practices-Consumer Protection Act. Added by Acts 1973, 63rd Leg., p. 322, ch. 143, § 1, eff. May 21, 1973. § 17.42. Waivers: Public Policy (a) Any waiver by a consumer of the provisions of this subchapter is contrary to public policy and is unenforceable and void; provided, however, that a waiver is valid and enforceable if: (1) the waiver is in writing and is signed by the consumer; (2) the consumer is not in a significantly disparate bargaining position; and (3) the consumer is represented by legal counsel in seeking or acquiring the goods or services. (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. (c) A waiver under this section must be: (1) conspicuous and in bold-face type of at least 10 points in size; (2) identified by the heading "Waiver of Consumer Rights," or words of similar meaning; and (3) in substantially the following form: "I waive my rights under the Deceptive Trade Practices-Consumer Protection Act, Section 17.41 et seq., Business & Commerce Code, a law that gives consumers special rights and protections. After consultation with an attorney of my own selection, I voluntarily consent to this waiver." (d) The waiver required by Subsection (c) may be modified to waive only specified rights under this subchapter. (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 1973, 63rd Leg., p. 322, ch. 143, § 1, eff. May 21, 1973. Amended by Acts 1981, 67th Leg., p. 863, ch. 307, § 1, eff. Aug. 31, 1981; Acts 1983, 68th Leg., p. 4943, ch. 883, § 1, eff. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 167, § 5.02(6), eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 380, § 1, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 414, § 1, eff. Sept. 1, 1995. § 17.43. Cumulative Remedies The provisions of this subchapter are not exclusive. 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. A violation of a provision of law other than this subchapter is not in and of itself a violation of this subchapter. An act or practice that is a violation of a provision of law other than this subchapter may be made the basis of an action under this subchapter if the act or practice is proscribed by a provision of this subchapter or is declared by such other law to be actionable under this subchapter. The provisions of this subchapter do not in any way preclude other political subdivisions of this state from dealing with deceptive trade...
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This note was uploaded on 09/30/2011 for the course EMGT 5130 taught by Professor Jeong during the Fall '11 term at UH Clear Lake.
- Fall '11