(d) Subsection (c) applies to a cause of action brought against the person who provided the professional service and a cause of action brought against any entity that could be found to be vicariously liable for the person's conduct. The court may not revoke or suspend a license to do business in this state or appoint a receiver to take over the affairs of a person who has failed to satisfy a judgment if the person is a licensee of or regulated by a state agency which has statutory authority to revoke or suspend a license or to appoint a receiver or trustee. 7, eff. 17.30. Acts 2015, 84th Leg., R.S., Ch. 17.463. 6, eff. (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. The court may issue temporary restraining orders, temporary or permanent injunctions to restrain and prevent violations of this subchapter and such injunctive relief shall be issued without bond. 167, Sec. 2.01, eff. The underlying purpose of the statute is to protect consumers against false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty in an economical and efficient manner. 1152), Sec. 17.83. 3167), Sec. Acts 2005, 79th Leg., Ch. Sept. 1, 1975; Acts 1977, 65th Leg., p. 600, ch. 785, Sec. (i) Nothing in this subchapter shall apply to a claim against a person licensed as a broker or salesperson under Chapter 1101, Occupations Code, arising from an act or omission by the person while acting as a broker or salesperson. 728 (H.B. 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. Sec. 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. Sept. 1, 1987. PRICE GOUGING DURING DECLARED DISASTER. After consultation with an attorney of my own selection, I voluntarily consent to this waiver.". 17.55. (h) A person on whom a demand is served under this section shall comply with the terms of the demand unless otherwise provided by a court order. (e) A person may not remove a container from the premises, parking area, or any other area of a processor, distributor, or retail establishment or from a delivery vehicle unless the person is legally authorized to do so, if: (1) the container is marked on at least one side with a name or mark; and. 172, Sec. It is an exception to the application of Subsection (b) of Section 17.822 or Section 17.823 of this code that a person describes or labels food as "kosher-style," and, if the description is written, the words "kosher" and "style" are of the same size type or script. DECEPTIVE TRADE PRACTICES UNLAWFUL. Added by Acts 2003, 78th Leg., ch. (b) In addition to seeking an injunction under Subsection (a), the attorney general may request and the court may order any other relief that may be in the public interest, including: (1) the imposition of a civil penalty in an amount not to exceed $50,000 for each violation of Section 17.952; (2) an order requiring reimbursement to this state for the reasonable value of investigating and prosecuting a violation of Section 17.952; and. Acts 2017, 85th Leg., R.S., Ch. (a) Any person who, with intent to avoid, evade, or prevent compliance, in whole or in part, with Section 17.60 or 17.61 of this subchapter, removes from any place, conceals, withholds, or destroys, mutilates, alters, or by any other means falsifies any documentary material or merchandise or sample of merchandise is guilty of a misdemeanor and on conviction is punishable by a fine of not more than $5,000 or by confinement in the county jail for not more than one year, or both. REQUIRED DISCLOSURES FOR TELEPHONE OR DOOR-TO-DOOR SOLICITATIONS. EXCEPTIONS. (b) Subject to the provisions of Subsection (a) of this section, a prevailing party may move that the defendant show cause why a receiver should not be appointed. (B) has a legal right to use or operate under the group's name without abandoning the name or affiliation with the group. CUMULATIVE REMEDIES. Web74 Journal of Texas Consumer Law 2005 I. (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. Sec. (f) A party may not compel mediation under this section if the amount of economic damages claimed is less than $15,000, unless the party seeking to compel mediation agrees to pay the costs of the mediation. Sec. CIVIL PENALTY. PROTECTION FROM MISLEADING OR DECEPTIVE LIVE MUSICAL PERFORMANCES. (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. The Colorado Consumer Protection Act (PDF) identifies certain business practices that are considered deceptive, outlining civil and criminal penalties for violations and related trade regulations. 17.85. It protects consumers by making it unlawful to misrepresent a product that is sold in the state. 1276, Sec. Give to Texas Law Connect with Texas Law May 21, 1973. Sept. 1, 2003. (3) "Sound recording" means musical, spoken, or other sounds recorded on a tangible medium, including a disc, tape, or phonograph record. Added by Acts 2003, 78th Leg., ch. Sec. Sec. 8, eff. 336, Sec. 138, Sec. 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. Amended by Acts 1995, 74th Leg., ch. INQUIRY AS TO PRODUCER. (c) If any 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 TO (NAME OF FOR-PROFIT ENTITY OR INDIVIDUAL) AND WILL BE SOLD FOR PROFIT. 856 (S.B. The DTPA empowers consumers and businesses to pursue legal action against deceptive companies and individuals as a consumer protection statute. While consumers in Texas are encouraged to be mindful of their financial and commercial activity, many consumers are unaware of the nuances of the DTPA. Acts 2019, 86th Leg., R.S., Ch. VENUE. Sec. 1082, Sec. 1229, Sec. In this chapter: (1) "Kosher food" means food prepared and served in conformity with orthodox Jewish religious requirements. June 1, 2002; Acts 2003, 78th Leg., ch. Sept. 1, 1991. (a) Nothing in this subchapter shall apply to the owner or employees of a regularly published newspaper, magazine, or telephone directory, or broadcast station, or billboard, wherein any advertisement in violation of this subchapter is published or disseminated, unless it is established that the owner or employees of the advertising medium have knowledge of the false, deceptive, or misleading acts or practices declared to be unlawful by this subchapter, or had a direct or substantial financial interest in the sale or distribution of the unlawfully advertised good or service. 414, Sec. 1265), Sec. (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 solicitor must state: "SOLICITATIONS FOR DONATIONS ARE MADE BY (NAME OF FOR-PROFIT ENTITY OR INDIVIDUAL) ON BEHALF OF (NAME OF CHARITABLE ORGANIZATION). 17.901. (2) In construing this subchapter the court shall not be prohibited from considering relevant and pertinent decisions of courts in other jurisdictions. September 1, 2015. 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 kosher food and is not kosher food and the person either knows the food is not kosher food or was reckless about determining whether or not the food is kosher food. Read online View details in library catalog Texas litigation guide Latest received: Automatic updates. We use cookies to enable digital experiences. 1152), Sec. Sec. 2, 3, eff. Orders of the court may also include the appointment of a receiver or a sequestration of assets if a person who has been ordered by a court to make restitution under this section has failed to do so within three months after the order to make restitution has become final and nonappealable. 1, eff. 1368 (S.B. Sec. September 1, 2017. (5) "Promoting a pyramid promotional scheme" means: (A) inducing or attempting to induce one or more other persons to participate in a pyramid promotional scheme; or. 17.903. Sept. 1, 1987; Acts 1989, 71st Leg., ch. (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. 489 (H.B. (A) that is a single-family house, duplex, triplex, or quadruplex or a unit in a multiunit residential structure in which title to the individual units is transferred to the owners under a condominium or cooperative system; and. Acts 2017, 85th Leg., R.S., Ch. SUBCHAPTER I. LABELING, ADVERTISING, AND SALE OF HALAL FOODS. 143, Sec. 216, Sec. 1, eff. Sept. 1, 1995. The original inventory must be accompanied by a filing fee of $20. 17.952. Amended by Acts 2001, 77th Leg., ch. Sec. 967 (S.B. 11.102, eff. DEFINITIONS. (2) a copy of the petition in the action not later than the earlier of: (A) the 30th day after the date the petition is filed; or. Sec. Added by Acts 1985, 69th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. Failure to comply with any final order entered under this section is punishable by contempt. WebIn Texas we have the DECEPTIVE TRADE PRACTICES CONSUMER PROTECTION ACT that i believe this would fall under. (b) A person owning a shopping cart, laundry cart, or container may adopt and use a name or mark on the carts or containers. WebSection 17.46 - Deceptive Trade Practices Unlawful (a) False, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful and are subject to action by the consumer protection division under Sections 17.47, 17.58, 17.60, and 17.61 of this code. 307, Sec. 1, eff. 1, eff. To be eligible for relief under the Texas DTPA, you must be a consumer. (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. Sept. 1, 1967. (D) seeking compensation for past or present infringement of the patent or for a license to the patent. (a) A person who receives notice under Section 17.505 may tender an offer of settlement at any time during the period beginning on the date the notice is received and ending on the 60th day after that date. 603, Sec. September 1, 2011. These are: Click the card to flip Definition 1 / 69 -The false statement or representation of a material fact. 1, eff. (B) imitation turquoise, which is any compound or mineral that is manufactured or treated so as to closely approximate turquoise in appearance. 3, eff. Sept. 1, 1995. After a permit expires, the permit holder may not sell at retail an item offered at the sale covered by the permit. 2.001, eff. 1, eff. 414, Sec. Bus. Acts 1967, 60th Leg., p. 2343, ch. 360, Sec. VENUE. 1, eff. 17.565. Added by Acts 1973, 63rd Leg., p. 322, ch. Sec. 414, Sec. Sec. 6, eff. Sec. DECEPTIVE WHOLESALE AND GOING-OUT-OF-BUSINESS ADVERTISING. DEFINITIONS. 11.20, eff. 6, eff. 17.01. Amended by Acts 2001, 77th Leg., ch. (b) The court shall, not later than the 30th day after the date a motion under this section is filed, sign an order setting the time and place of the mediation. 143, 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. May 28, 2011. 17.41. Added by Acts 1989, 71st Leg., ch. (a) False, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful and are subject to action by the consumer protection division under Sections 17.47, 17.58, 1152), Sec. Deceptive Wholesale and Going-out-of-business Advertising 17.12. 143, Sec. Sept. 1, 1967. 300, Sec. In this subsection, "prosecuting attorney" has the meaning assigned by Section 41.101, Government Code. September 1, 2015. A person who violates this subchapter commits an offense. Added by Acts 1973, 63rd Leg., p. 322, ch. 1, eff. SUBCHAPTER G. LABELING, ADVERTISING, AND SALE OF KOSHER FOODS. 1488), Sec. (1) remove a shopping cart or laundry cart from the premises or parking area of a retail establishment with intent to temporarily or permanently deprive the owner of the cart or the retailer of possession of the cart; (2) remove a shopping cart or laundry cart, without written authorization from the owner of the cart, from the premises or parking area of any retail establishment; (3) possess, without the written permission of the owner or retailer in lawful possession of the cart, a shopping cart or laundry cart outside the premises or parking lot of the retailer whose name or mark appears on the cart; or. Added by Acts 1973, 63rd Leg., p. 322, ch. An offense under this subsection is a state jail felony. ORIGINAL INVENTORY. Sec. Sec. 17.926. & C. Code Sec. (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. (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. 1, eff. 17.08. (g) The secretary of state may suspend or revoke a license issued under this section for failure to comply with this section or the rules adopted under this section. The prosecuting attorney shall make a full report to the attorney general regarding any action prosecuted by the prosecuting attorney under this subsection. CIVIL PENALTY. If damages or civil penalties are assessed against the seller of goods or services for advertisements or promotional material in a suit filed under Section 17.47, 17.48, 17.50, or 17.51 of this subchapter, the seller of the goods or services has a cause of action against a third party for the amount of damages or civil penalties assessed against the seller plus attorneys' fees on a showing that: (1) the seller received the advertisements or promotional material from the third party; (2) the seller's only action with regard to the advertisements or promotional material was to disseminate the material; and. Damages may not include any damages incurred beyond a point two years prior to the institution of the action by the consumer protection division. 1, eff. PROMOTIONAL MATERIAL. (C) at least one product, service, or technology obtained by the end user that is alleged to infringe the patent or the activity of the end user that is alleged to infringe the patent. (b) The prosecuting attorney in the county in which a violation of Section 17.902 occurs, with prior written notice to the attorney general, may institute and prosecute an action seeking injunctive relief under this section. This subchapter may be cited as the Deceptive Trade Practices-Consumer Protection Act. Amended by Acts 1977, 65th Leg., p. 604, ch. (8) "Poultry box" means a permanent type of container that is used by a processor, distributor, retailer, or food service establishment or an agent of one of those persons to transport, store, or carry poultry. (g) If the court finds that the amount tendered in the settlement offer for damages under Subsection (d)(1) is the same as, substantially the same as, or more than the damages found by the trier of fact, the consumer may not recover as damages any amount in excess of the lesser of: (1) the amount of damages tendered in the settlement offer; or. Amended by Acts 1977, 65th Leg., p. 603, ch. Renumbered from Bus. WebThe Federal Trade Commission (FTC) is an independent agency of the United States government whose principal mission is the enforcement of civil (non-criminal) antitrust law and the promotion of consumer protection.The FTC shares jurisdiction over federal civil antitrust enforcement with the Department of Justice Antitrust Division.The agency is Texas has strong consumer protection laws that safeguard residents against scams, deceptive sales calls, and other illegal practices. (c) In an action prosecuted by a district or county attorney under this subchapter for a violation of Section 17.46(b)(28), three-fourths of any civil penalty awarded by a court must be paid to the county where the court is located. 17.885. Sec. May 28, 1997; Acts 2003, 78th Leg., ch. 117, Sec. 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. Sept. 1, 2003. Aug. 27, 1979; Acts 1995, 74th Leg., ch. WebJob Description. Acts 2007, 80th Leg., R.S., Ch. (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. Sept. 1, 1995. GENERAL DESCRIPTION. 143, Sec. (c) A person's proprietary mark appearing on or in a statement described in Subsection (a) of this section is prima facie evidence that the person disseminated the statement. SUBCHAPTER D. COUNTERFEITING OR CHANGING A REQUIRED MARK; MISUSE OF CONTAINER BEARING MARK. 17.56. Added by Acts 2003, 78th Leg., ch. 2612), Sec. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 967 (S.B. 5.02(4), (5), eff. Code 17.41 et seq., protects consumers against false, misleading, or deceptive trade practices, including 17.50A and amended by Acts 1987, 70th Leg., ch. 17.4625. Amended by Acts 1985, 69th Leg., ch. (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. Sec. Added by Acts 1989, 71st Leg., ch. 17.59. 17.42. 8.02, eff. 17.953. (4) remove, obliterate, or alter a serial number, name, or mark affixed to a shopping cart or laundry cart. The report must include a statement regarding the final disposition of the matter. (5) "Made by machine" means the producing or reproducing of a product in mass production by mechanically stamping, casting, blanking, or weaving. (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. (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. The DTPA and Warranty Law: An Overview the consumer was under the DTPAs two-year limitations period. September 1, 2011. 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. SUBCHAPTER K. REGULATING THE COLLECTION OR SOLICITATION BY FOR-PROFIT ENTITIES OF CERTAIN PUBLIC DONATIONS. 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. Aug. 26, 1985; Acts 1989, 71st Leg., ch. (B) that is occupied or to be occupied as the consumer's residence. (e) Unless both parts of an offer of settlement required under Subsection (d) are accepted by the consumer not later than the 30th day after the date the offer is made, the offer is rejected. 603, Sec. MEAT LABELING. Except as provided by Article 5.06-1(8), Insurance Code, an action brought which alleges a claim to relief under Section 17.50 of this subchapter shall be brought as provided by Chapter 15, Civil Practice and Remedies Code. WebSection 12: Texas Deceptive Trade Practices and Consumer Protection Act Term 1 / 69 In order for a claim of misrepresentation to stand up, it requires four elements. Sec. Second or subsequent violations of an injunction issued under this section are subject to the same penalties set out in Subsection (e) of this section. 8(a), eff. Sec. Sec. Sec. (b) No person may solicit advertising in the name of a club, association, or organization without the written permission of such club, association, or organization or distribute any publication purporting to represent officially a club, association, or organization without the written authority of or a contract with such club, association, or organization and without listing in such publication the complete name and address of the club, association, or organization endorsing it. 3, eff. 17.93. Cal. 1) ' 75-29. 3.001, eff. Sec. Sept. 1, 2003. Added by Acts 1985, 69th Leg., ch. (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. (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. 388, Sec. SUBCHAPTER J. ); and. (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. September 1, 2005. (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. Jan. 1, 1991; Acts 1991, 72nd Leg., ch. The provisions of this subchapter do not in any way preclude other political subdivisions of this state from dealing with deceptive trade practices. Sept. 1, 1989; Acts 1995, 74th Leg., ch. Amended by Acts 1977, 65th Leg., p. 602, ch. Aug. 29, 1983; Acts 1987, 70th Leg., ch. This e-book provides important information, 143, Sec. (1) a publisher of a telephone directory or other publication or a provider of a directory assistance service publishing or providing information about another business; (2) an Internet website that aggregates and provides information about other businesses; (3) an owner or publisher of a print medium providing information about other businesses; (5) an Internet service that displays or distributes advertisements for other businesses. 5.02(5), eff. September 1, 2017. LIMITATION. Sec. 172, Sec. (b) If a mediation under Section 17.5051 is not conducted, the person may tender an offer of settlement at any time during the period beginning on the date an original answer is filed and ending on the 90th day after that date. The Texas Deceptive Trade Practices Act was enacted to provide important protections for consumers. 1, eff. (2) substitute on a dairy container his proprietary mark for that of the owner. (b) An action brought under Subsection (a) of this section which alleges a claim to relief under this section may be commenced in the district court of the county in which the person against whom it is brought resides, has his principal place of business, has done business, or in the district court of the county where the transaction occurred, or, on the consent of the parties, in a district court of Travis County. Representation of eligibility to win a prize.iii Aug. 27, 1979. May 21, 1973. (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. Sept. 1, 1995. (4) the use or employment by any person of an act or practice in violation of Chapter 541, Insurance Code. (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. (6) "Name or mark" means any permanently affixed or permanently stamped name or mark that is used for the purpose of identifying the owner of a shopping cart, laundry cart, or container. Sept. 1, 2001. (6) any other matter that justice may require. September 1, 2015. (f) A settlement offer tendered by a person against whom a claim under this subchapter is pending that complies with this section and that has been rejected by the consumer may be filed with the court with an affidavit certifying its rejection. 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