Texas: consumer-protection statute

Private right of action

Whether a person may bring a civil action under the statute.

A consumer may maintain an action where any of the following constitute a producing cause of economic damages or damages for mental anguish

17.50

A consumer may maintain an action where any of the following constitute a producing cause of economic damages or damages for mental anguish

Actual damages

Recovery for the loss a person actually suffered.

the amount of economic damages found by the trier of fact

17.50

the amount of economic damages found by the trier of fact

Statutory minimum damages

A stated minimum or fixed amount of damages.

Not found in the statute text reviewed

Multiple or punitive damages

Damages multiplied or increased to punish unlawful conduct.

the trier of fact may award not more than three times the amount of economic damages

17.50

the trier of fact may award not more than three times the amount of economic damages

Attorney fees

Rules for recovering the cost of legal representation.

Each consumer who prevails shall be awarded court costs and reasonable and necessary attorneys' fees

17.50

Each consumer who prevails shall be awarded court costs and reasonable and necessary attorneys' fees

Notice or demand before suit

Notice or a demand that must be sent before bringing an action.

a consumer shall give written notice to the person at least 60 days before filing the suit

17.505

a consumer shall give written notice to the person at least 60 days before filing the suit

Class action limits

Restrictions on bringing claims on behalf of a class.

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

17.501

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

FTC interpretation clause

Directions to consider FTC or federal interpretations when applying the statute.

the courts to the extent possible will be guided by Subsection (b) of this section and the interpretations given by the Federal Trade Commission and federal courts

17.46

the courts to the extent possible will be guided by Subsection (b) of this section and the interpretations given by the Federal Trade Commission and federal courts

Time limit for a claim

The period in which an action must be brought.

All actions brought under this subchapter must be commenced within two years after the date on which the false, misleading, or deceptive act or practice occurred

17.565

All actions brought under this subchapter must be commenced within two years after the date on which the false, misleading, or deceptive act or practice occurred

Injunctive relief

Court orders requiring conduct to stop or change.

an order enjoining such acts or failure to act

17.50

an order enjoining such acts or failure to act

Attorney general civil penalties

Civil monetary penalties sought by the attorney general.

not more than $10,000 per violation

17.47

not more than $10,000 per violation