(a) Damages may not be awarded to a class under this subchapter if, not later than the 30th day after the date the intended defendant receives notice under § 541.255, the intended defendant provides to the plaintiff by certified or registered mail, return receipt requested, a written settlement offer.
(b) The settlement offer must include:
(1) a statement that all persons similarly situated have been adequately identified or a reasonable effort to identify those persons has been made;
(2) a description of the class identified and the method used to identify that class;
(3) a statement that all persons identified have been notified that, on request, the intended defendant will provide relief to those persons and all others similarly situated;
(4) a complete explanation of the relief being afforded;
(5) a copy of the notice or communication the intended defendant is providing to the members of the class;
(6) a statement that the relief being afforded the consumer has been or, if the offer is accepted by the consumer, will be given within a stated reasonable time; and
(7) a statement that the practice complained of has ceased.

Terms Used In Texas Insurance Code 541.263

  • 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.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(c) Except as provided by Subsection (d), an attempt to comply with this section by a person receiving a demand is:
(1) an offer to compromise;
(2) not admissible as evidence; and
(3) not an admission of engaging in an unlawful act or practice.
(d) A defendant may introduce evidence of compliance or an attempt to comply with this section for the purpose of:
(1) establishing good faith; or
(2) showing compliance with this section.