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NCJRS Abstract

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NCJ Number: 47462 Find in a Library
Title: AUTOMATIC TREBLE DAMAGES UNDER THE TEXAS DECEPTIVE TRADE PRACTICES - CONSUMER PROTECTION ACT
Journal: BAYLOR LAW REVIEW  Volume:29  Issue:3  Dated:(SUMMER 1977)  Pages:595-607
Author(s): B WILLIS
Corporate Author: Baylor University
Law School
United States of America
Date Published: 1977
Page Count: 13
Sponsoring Agency: Baylor University
Waco, TX 76798
Format: Article
Language: English
Country: United States of America
Annotation: THE TEXAS SUPREME COURT'S DECISION THAT THE ACTS' TREBLE DAMAGE PROVISION IS MANDATORY IS EXAMINED, AND IMPLICATIONS OF THE RULING FOR FUTURE LITIGATION ARE CONSIDERED.
Abstract: THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT, PASSED IN 1973 TO PROVIDE CONSUMERS WITH AN EFFECTIVE MEANS OF REDRESS AGAINST MISLEADING OR DECEPTIVE ACTIONS IN THE MARKETPLACE, PROVIDES FOR TREBLE DAMAGES IN SUITS BROUGHT UNDER THE ACT. THERE HAS BEEN SOME QUESTION AS TO WHETHER THE TREBLE DAMAGES PROVISION IS MANDATORY OR WITHIN THE DISCRETION OF THE COURT. THE UNCERTAINTY STEMS FROM AMENDMENTS THAT BROADENED THE SCOPE OF THE ACT TO INCLUDE BUSINESS AND GOVERNMENT ENTITIES WITHIN THE DEFINITION OF 'CONSUMER.' IN A CASE PRESENTED IN A NARROW TRADITIONAL 'CONSUMER' CONTEXT, THE TEXAS SUPREME COURT HELD THAT THE TREBLE DAMAGE PROVISION IS MANDATORY. THE STRENGTHS AND WEAKNESSES OF THIS DECISION ARE EXAMINED, AND SOME OF THE INTENDED AND POSSIBLY UNINTENDED RAMIFICATIONS OF THE RULING ARE POINTED OUT. THE POSSIBILITY THAT THE COURT WILL RETREAT FROM ITS POSITION WHEN FACED WITH A CASE INVOLVING THE STATE OF TEXAS AS THE 'CONSUMER' PLAINTIFF IS RAISED. (AUTHOR ABSTRACT MODIFIED--LKM)
Index Term(s): Consumer fraud; Consumer protection; Judicial decisions; Judicial review; State laws; State supreme courts; Texas
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=47462

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