Texas Business And Commerce Code Title 12, Chapter 601 - Cancellation Of Certain Consumer Transactions

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 601.001 - Definitions
  In this chapter: (1) "Consumer" means an individual who seeks or acquires real property, money or other personal property, services, or credit for personal, family,...

SUBCHAPTER B CONSUMER'S RIGHT TO CANCEL TRANSACTION

• Texas Section 601.002 - Applicability Of Chapter; Exception
  (a) This chapter applies only to a consumer transaction in which: (1) the merchant or the merchant's agent engages in a personal solicitation of a...
• Texas Section 601.051 - Consumer's Right To Cancel
  In addition to any other rights or remedies available, a consumer may cancel a consumer transaction not later than midnight of the third business day...
• Texas Section 601.052 - Notice Of Consumer's Right To Cancel Required
  (a) A merchant must provide a consumer with a complete receipt or copy of a contract pertaining to the consumer transaction at the time of...
• Texas Section 601.053 - Completed Cancellation Form Required
  (a) A merchant that provides a document under Section 601.052 must attach to the document a completed notice of cancellation form in duplicate. The form...
• Texas Section 601.054 - Use Of Forms And Notices Prescribed By The Federal Trade Commission Authorized
  The use of the forms and notices of the right to cancel prescribed by the Federal Trade Commission's trade-regulation rule providing a cooling-off period for...

SUBCHAPTER C RIGHTS AND DUTIES OF CONSUMER AND MERCHANT

• Texas Section 601.055 - Alternative Notice Authorized For Certain Consumer Transactions
  A consumer transaction in which the contract price does not exceed $200 complies with the notice requirements of Sections 601.052 and 601.053 if: (1) the...
• Texas Section 601.101 - Merchant's Compensation
  A merchant is not entitled to compensation for services performed under a consumer transaction canceled under this chapter. Added by Acts 2007, 80th Leg., R.S.,...
• Texas Section 601.102 - Consumer's Retention Of Goods Or Title To Real Property Authorized
  Until a merchant has complied with this chapter, a consumer with possession of goods or the right or title to real property delivered by the...

SUBCHAPTER D PROHIBITED ACTS AND CONDUCT BY MERCHANT

• Texas Section 601.103 - Consumer's Duties With Respect To Delivered Goods Or Real Property
  (a) Within a reasonable time after a cancellation under this chapter, the consumer must, on demand, tender to the merchant any goods or any right...
• Texas Section 601.151 - Confession Of Judgment Or Waiver Of Rights
  A merchant may not include in a contract or receipt pertaining to a consumer transaction a confession of judgment or a waiver of any of...
• Texas Section 601.152 - Failure To Inform Or Misrepresentation Of Right To Cancel
  A merchant may not: (1) at the time the consumer signs the contract pertaining to a consumer transaction or purchases the goods, services, or real...
• Texas Section 601.153 - Transfer Of Indebtedness During Certain Period
  A merchant may not negotiate, transfer, sell, or assign a note or other evidence of indebtedness to a finance company or other third party before...

SUBCHAPTER E ENFORCEMENT

• Texas Section 601.154 - Failure To Take Certain Actions Following Receipt Of Notice Of Cancellation
  A merchant may not: (1) fail to notify the consumer before the end of the 10th business day after the date the merchant receives the...
• Texas Section 601.201 - Certain Sales Or Contracts Void
  A sale or contract entered into under a consumer transaction in violation of Section 601.053(b) or Subchapter D is void. Added by Acts 2007, 80th...
• Texas Section 601.202 - Liability For Damages
  A merchant who violates this chapter is liable to the consumer for: (1) actual damages suffered by the consumer as a result of the violation;...
• Texas Section 601.203 - Alternative Recovery Under Certain Circumstances
  If the merchant fails to tender goods or property traded to the merchant in substantially the same condition as when received by the merchant, the...
• Texas Section 601.204 - Deceptive Trade Practice
  A violation of this chapter is a false, misleading, or deceptive act or practice as defined by Section 17.46(b). In addition to any remedy under...
• Texas Section 601.205 - Injunction
  If the attorney general believes that a person is violating or about to violate this chapter, the attorney general may bring an action in the...

Last modified: September 28, 2016