Chapter 17, Subchapter E, Business and Commerce Code
(DECEPTIVE TRADE PRACTICES AND CONSUMER PROTECTION)
§
17.41. Short Title
§ 17.42. Waivers:
Public Policy
§ 17.43.
Cumulative Remedies
§ 17.44.
Construction and Application
§ 17.45.
Definitions
§ 17.46.
Deceptive Trade Practices Unlawful
§ 17.461.
Pyramid Promotional Scheme
§ 17.47.
Restraining Orders
§ 17.48.
Duty of District and County Attorney
§ 17.49.
Exemptions
§ 17.50.
Relief for Consumers
§ 17.505.
Notice; Inspection
§ 17.5051.
Mediation
§ 17.5052.
Offers of Settlement
§ 17.506.
Damages: Defenses
§ 17.55.
Promotional Material
§ 17.555.
Indemnity
§ 17.56.
Venue
§ 17.56.
Venue
§ 17.565.
Limitation
§ 17.57.
Subpoenas
§ 17.58.
Voluntary Compliance
§ 17.59. Post
Judgment Relief
§ 17.60.
Reports and Examinations
§ 17.61.
Civil Investigative Demand
§ 17.62.
Penalties
§ 17.63.
Application
§ 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 Pra