Texas House Bill HB4620

Texas 2019 - 86th Regular

Caption

Relating to civil penalties the attorney general may seek to recover under the Deceptive Trade Practices-Consumer Protection Act.

Impact

The revisions in HB4620 are significant as they establish a more stringent penalty framework aimed at deterring deceptive practices that disproportionately affect older consumers. The bill reinforces the intent to protect seniors from financial exploitation and enhances the Attorney General's authority to impose higher penalties in cases where the victim is aged 65 or older, potentially making violators think twice before targeting this demographic. This change could lead to increased enforcement actions by the Attorney General's office, contributing to improved consumer protection measures across the state.

Summary

House Bill 4620 aims to modify the civil penalties that the Texas Attorney General can seek to recover in actions related to the Deceptive Trade Practices-Consumer Protection Act. The bill proposes to amend Section 17.47(c) of the Business and Commerce Code, raising the maximum civil penalty per violation from $20,000 to $10,000 while adding a provision for an additional civil penalty of up to $250,000 if the violation is directed at a consumer aged 65 or older. This adjustment reflects a growing emphasis on consumer protection, especially for vulnerable populations such as the elderly.

Contention

While HB4620 is largely supportive of consumer rights, there may be concerns regarding the changes to penalty structures. Some stakeholders, including business representatives, might argue that the increased penalties could be seen as punitive and could potentially discourage legitimate businesses from engaging in commerce, particularly in services geared towards seniors. Additionally, there may be debates regarding the balance between protecting consumers and ensuring that businesses are not unduly burdened by punitive measures, leading to discussions about fair practices in the marketplace.