Sec. 541.154. PRIOR NOTICE OF ACTION. (a) A person seeking damages in an action against another person under this subchapter must provide written notice to the other person not later than the 61st day before the date the action is filed.
(b) The notice must advise the other person of:
(1) the specific complaint; and
(2) the amount of actual damages and expenses, including attorney's fees reasonably incurred in asserting the claim against the other person.
(c) The notice is not required if giving notice is impracticable because the action:
(1) must be filed to prevent the statute of limitations from expiring; or
(2) is asserted as a counterclaim.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
Structure Texas Statutes
Title 5 - Protection of Consumer Interests
Subtitle C - Deceptive, Unfair, and Prohibited Practices
Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices
Subchapter D. Private Action for Damages
Section 541.151. Private Action for Damages Authorized
Section 541.152. Damages, Attorney's Fees, and Other Relief
Section 541.153. Frivolous Action
Section 541.154. Prior Notice of Action
Section 541.156. Settlement Offer
Section 541.157. Contents of Settlement Offer
Section 541.158. Rejection of Settlement Offer
Section 541.159. Limit on Recovery After Settlement Offer