Texas Business and Commerce Code 17.55 – Promotional Material
Current as of: 2024 | Check for updates
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Terms Used In Texas Business and Commerce Code 17.55
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Goods: means tangible chattels or real property purchased or leased for use. See Texas Business and Commerce Code 17.45
- Services: means work, labor, or service purchased or leased for use, including services furnished in connection with the sale or repair of goods. See Texas Business and Commerce Code 17.45
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.