Sec. 17.55. PROMOTIONAL MATERIAL    


Latest version.
  • 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

    (3) the seller has ceased disseminating the material.

Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973.