Sec. 17.55. PROMOTIONAL MATERIAL. 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.
Structure Texas Statutes
Title 2 - Competition and Trade Practices
Chapter 17 - Deceptive Trade Practices
Subchapter E. Deceptive Trade Practices and Consumer Protection
Section 17.42. Waivers: Public Policy
Section 17.43. Cumulative Remedies
Section 17.44. Construction and Application
Section 17.46. Deceptive Trade Practices Unlawful
Section 17.461. Pyramid Promotional Scheme
Section 17.462. Listing of Business Location of Certain Businesses
Section 17.4625. Price Gouging During Declared Disaster
Section 17.463. Production, Sale, Distribution, or Promotion of Certain Synthetic Substances
Section 17.464. Unconscionable Price for Care at Emergency Facility
Section 17.47. Restraining Orders
Section 17.48. Duty of District and County Attorney
Section 17.50. Relief for Consumers
Section 17.501. Consumer Protection Division Participation in Class Action
Section 17.505. Notice; Inspection
Section 17.5052. Offers of Settlement
Section 17.506. Damages: Defenses
Section 17.55. Promotional Material
Section 17.58. Voluntary Compliance
Section 17.59. Post Judgment Relief
Section 17.60. Reports and Examinations