Sec. 541.263. EFFECT OF SETTLEMENT OFFER. (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 Section 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.
(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.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
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