Tex.
Gov't Code Section 81.155
Enforcement; Private Cause of Action Not Created
(a)
A violation of this subchapter is a deceptive act or practice actionable under Subchapter E (Short Title), Chapter 17 (Deceptive Trade Practices), Business & Commerce Code, solely as an enforcement action by the consumer protection division of the attorney general’s office or by a district or county attorney as provided by that subchapter. All remedies available under that subchapter are available for a violation of this subchapter.(b)
This subchapter does not create a private cause of action.(c)
Notwithstanding Subsection (a), if the advertising review committee of the State Bar of Texas reviews, in accordance with the committee’s procedures, an advertisement for compliance with this subchapter before the first dissemination of the advertisement and the committee informs the sponsor of the advertisement that the advertisement is in compliance with this subchapter and the applicable advertising standards in the Texas Disciplinary Rules of Professional Conduct, the consumer protection division of the attorney general’s office or a district or county attorney may not pursue an action under Subsection (a) unless:(1)
the consumer protection division or the district or county attorney demanded that the sponsor of the advertisement cease further dissemination of the advertisement;(2)
the sponsor of the advertisement is given a reasonable amount of time to ensure the advertisement is withdrawn from dissemination to the public; and(3)
the sponsor of the advertisement fails to ensure the advertisement is withdrawn from dissemination to the public within the time provided.
Source:
Section 81.155 — Enforcement; Private Cause of Action Not Created, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.81.htm#81.155 (accessed Jun. 5, 2024).
