Texas Business & Commerce Code

§ 17.55 — PROMOTIONAL MATERIAL

BC § 17.55Title 2. COMPETITION AND TRADE PRACTICES · Ch. 17. DECEPTIVE TRADE PRACTICES · Art. E. DECEPTIVE TRADE PRACTICES AND CONSUMER PROTECTION

Statute text

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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.

Legislative history

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