Texas Statutes (Last Updated: January 4, 2014) |
BUSINESS AND COMMERCE CODE |
Title 2. COMPETITION AND TRADE PRACTICES |
Chapter 17. DECEPTIVE TRADE PRACTICES |
Subchapter E. DECEPTIVE TRADE PRACTICES AND CONSUMER PROTECTION |
Sec. 17.55. PROMOTIONAL MATERIAL
Latest version.
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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.