Texas House Bill HB2898

Texas 2015 - 84th Regular

Caption

Relating to certain procedures, civil penalties, and remedies under the Deceptive Trade Practices-Consumer Protection Act.

Impact

The amendments proposed in HB 2898 are expected to enhance the powers of the Consumer Protection Division by allowing it to act more swiftly against entities suspected of engaging in deceptive practices. By specifying that awareness can be established through objective manifestations of intent or conduct, the bill seeks to facilitate more robust legal action against offenders. This may lead to increased accountability among businesses while potentially offering greater protections to consumers against fraudulent and misleading business practices.

Summary

House Bill 2898 amends procedures and civil penalties under the Deceptive Trade Practices-Consumer Protection Act in Texas. The bill aims to clarify the definitions of 'knowingly' and 'intentionally' concerning deceptive acts and practices, ensuring that the actual awareness of such actions is adequately represented. This clarification is intended to strengthen enforcement against deceptive trade practices by setting clearer thresholds for judging intent and knowledge in consumer protection cases.

Contention

Notable points of contention regarding HB 2898 include concerns over its implications for small businesses. Some stakeholders argue that the broadening of definitions and increased penalties could disproportionately affect smaller entities that might inadvertently fall afoul of the regulations. Proponents of the bill counter that the changes are necessary to deter intentional deception and protect consumers, emphasizing that the enforcement mechanisms will be balanced with consideration for fair business practices. Additionally, concerns related to the enforcement of these updated regulations and the potential for overreach remain prevalent among the business community.