Texas Insurance Code 541.255 – Prior Notice
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(a) Not later than the 31st day before the date a class action for damages is commenced under this subchapter, the prospective plaintiff must:
(1) notify the intended defendant of the complaint; and
(2) demand that the defendant provide relief to the prospective plaintiff and others similarly situated.
(b) The notice must be in writing and be sent by certified or registered mail, return receipt requested, to:
(1) the place where the transaction occurred;
(2) the intended defendant’s principal place of business in this state; or
(3) if notice to the place described by Subdivision (1) or (2) does not effect notice, the office of the secretary of state.
Terms Used In Texas Insurance Code 541.255
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Plaintiff: The person who files the complaint in a civil lawsuit.
(c) A copy of the notice must also be sent to the commissioner.
(d) A class action for injunctive relief may be commenced under this subchapter without complying with Subsection (a).
(e) A plaintiff in a class action for injunctive relief under this subchapter may, on or after the 31st day after the date the action is commenced and after complying with Subsection (a), amend the complaint without leave of court to include a request for damages.