Texas Business & Commerce Code
§ 17.49 — EXEMPTIONS
BC § 17.49Title 2. COMPETITION AND TRADE PRACTICES · Ch. 17. DECEPTIVE TRADE PRACTICES · Art. E. DECEPTIVE TRADE PRACTICES AND CONSUMER PROTECTION
Statute text
View on source(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. Financial interest as used in this section relates to an expectation which would be the direct result of such advertisement.
(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. 45(a)(1)]. The provisions of this subchapter do apply to any act or practice prohibited or not specifically authorized by a rule or regulation of the Federal Trade Commission. An act or practice is not specifically authorized if no rule or regulation has been issued on the act or practice.
(c)Nothing in this subchapter shall apply to a claim for damages based on the rendering of a professional service, the essence of which is the providing of advice, judgment, opinion, or similar professional skill. This exemption does not apply to:
(1)an express misrepresentation of a material fact that cannot be characterized as advice, judgment, or opinion;
(2)a failure to disclose information in violation of Section 17.46(b)(24);
(3)an unconscionable action or course of action that cannot be characterized as advice, judgment, or opinion;
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Legislative history
Acts 2011, 82nd Leg., R.S., Ch. 189 (S.B. 1353), Sec. 1, eff. May 28, 2011.