Texas Business & Commerce Code - Section 44.153. Enforcement; Penalties
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§ 44.153. ENFORCEMENT; PENALTIES. (a) Except as
provided by Subsection (c), the commission shall receive and
investigate complaints concerning violations of this subchapter
and may assess an administrative penalty not to exceed $1,000 for
each violation. If the complaint alleges that the person violating
this subchapter is a telecommunications provider, as defined by
Section 51.002, Utilities Code, the commission has exclusive
jurisdiction, notwithstanding Subsection (b), over the violation
alleged in the complaint, except that this does not affect the right
of a consumer to bring an action under Subsection (e).
(b) Except as provided by Subsection (c), the attorney
general may investigate violations of this subchapter and file
civil enforcement actions seeking injunctive relief, attorney's
fees, and civil penalties in an amount not to exceed $1,000 for each
violation. If the court finds the defendant wilfully or knowingly
violated this subchapter, the court may increase the amount of the
civil penalties to an amount not to exceed $3,000 for each
violation. A violation of this subchapter is subject to
enforcement action by the attorney general's consumer protection
division under Sections 17.47, 17.58, 17.60, and 17.61.
(c) A state agency that issues a license to a state licensee
shall receive and investigate complaints concerning violations of
this subchapter by the state licensee and may assess an
administrative penalty not to exceed $1,000 for each violation. In
addition, if the agency finds that the licensee wilfully or
knowingly violated this subchapter, the agency may suspend or
revoke the state licensee's license.
(d) Venue for an action based on a violation under this
subchapter is in the county where the telemarketing call was made or
received, or if brought by the attorney general, commission, or a
state agency, in Travis County.
(e) A person may bring a private right of action based on a
violation of this subchapter:
(1) to enjoin the violation; and
(2) for damages in an amount equal to the greater of:
(A) the person's actual monetary loss from the
violation; or
(B) $500 for each violation; or
(C) for both an injunction and damages.
(f) If the court finds that the defendant wilfully or
knowingly violated this section, the court may increase the amount
of the award to an amount equal to not more than three times the
amount available under Subsection (e)(2).
Added by Acts 2001, 77th Leg., ch. 1429, § 1, eff. Jan. 1, 2002.
Renumbered from V.T.C.A., Bus. & C. Code § 43.153 by Acts 2003,
78th Leg., ch. 1275, § 2(3), eff. Sept. 1, 2003.
Section: 44.052 44.101 44.102 44.103 44.104 44.151 44.152 44.153 44.201 44.202 44.251 44.252 44.253 45.001 45.002
Last modified: August 10, 2007
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