Relating to civil penalties under the Deceptive Trade Practices-Consumer Protection Act.
Impact
The introduction of SB1166 would lead to a more stringent legal framework for addressing deceptive trade practices, particularly those targeting elderly consumers. By increasing the potential penalties for unlawful actions, the bill aims to deter potential violators and empower the consumer protection division to take more robust action against those who deceive or exploit consumers. This legislative effort aligns with broader initiatives aimed at enhancing consumer rights and accountability in the marketplace.
Summary
SB1166 aims to amend the Deceptive Trade Practices-Consumer Protection Act in Texas, specifically concerning the civil penalties imposed on violators. The bill seeks to increase the maximum civil penalty per violation from $20,000 to $30,000, with an enhanced penalty of up to $250,000 for violations committed against consumers aged 65 or older. This change is designed to strengthen protections for vulnerable populations and emphasizes the state’s commitment to safeguarding consumer interests.
Contention
Some points of contention may arise concerning the appropriateness of the proposed penalty increases. Critics might argue that significantly higher penalties could disproportionately impact small businesses and service providers, potentially stifling competition and entrepreneurship. Additionally, there may be concerns regarding the enforcement mechanisms and whether they would be applied equitably across all business sectors. Proponents, however, will likely argue that the need for strong consumer protections outweighs these concerns, especially for the elderly who are often more susceptible to scams and deceptive practices.
Relating to the protection of minors from harmful, deceptive, or unfair trade practices in connection with the use of certain digital services and electronic devices, including the use and transfer of electronic devices to students by a public school.
Relating to disclosure under the public information law of settlement communications maintained by or on behalf of the attorney general as part of a deceptive trade practices investigation or action.
Relating to the regulation of the collection, use, processing, and treatment of consumers' personal data by certain business entities; imposing a civil penalty.
Relating to investigations and actions by district or county attorneys in connection with the deceptive trade practice of charging exorbitant or excessive prices for necessities during a declared disaster.