Sec. 541.264. DEFENSES. Damages may not be awarded in a class action under this subchapter if the defendant:
(1) proves that the action complained of resulted from a bona fide error, notwithstanding the use of reasonable procedures adopted to avoid an error; and
(2) made restitution of any consideration received from any member of the class.
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 F. Class Actions by Attorney General or Private Individual
Section 541.251. Class Action Authorized
Section 541.253. Frivolous Action
Section 541.254. Statute of Limitations Tolled
Section 541.256. Prerequisites to Class Action
Section 541.257. Class Actions Maintainable
Section 541.258. Class Actions: Issues and Subclasses Authorized
Section 541.259. Determination Regarding Whether Class Action May Be Maintained
Section 541.260. Effect of Denial of Class Action
Section 541.261. Notice of Class Action
Section 541.262. Procedures in Class Action
Section 541.263. Effect of Settlement Offer