Relating to the investigation and enforcement of the Deceptive Trade Practices-Consumer Protection Act.
Impact
By instituting higher financial thresholds, HB 4564 could significantly reduce the number of consumer protection claims eligible for court review. This may lead to a decrease in legal actions taken by individuals regarding consumer transactions, particularly in cases involving large sums of money. The amendment arguably aims to protect businesses from litigation, streamlining disputes over high-value contracts. However, the bill may also limit consumer rights in substantial financial dealings and lead to perceptions of favoritism toward larger businesses that typically engage in such contracts.
Summary
House Bill 4564 proposes amendments to the Deceptive Trade Practices-Consumer Protection Act, specifically addressing the conditions under which consumers can bring legal action regarding claims related to written contracts. The bill sets monetary thresholds for claims and establishes prerequisites for consumers to pursue legal remedies, particularly emphasizing representation by legal counsel in transactions exceeding specified amounts. This legislation seeks to refine what constitutes actionable claims under the Deceptive Trade Practices Act, both for individual consumers and within larger commercial transactions.
Contention
Points of contention surrounding HB 4564 revolve around the balance between protecting consumers and limiting frivolous lawsuits against businesses. Advocates of the bill argue that it is essential to prevent courts from being inundated with cases that involve significant contractual negotiations, while critics claim that the bill may unjustly favor large corporations at the expense of individual consumers seeking redress. Moreover, there are concerns that the new requirements for legal counsel representation may disproportionately impact less affluent consumers who may find it challenging to engage legal help.
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 the regulation of the collection, use, processing, and treatment of consumers' personal data by certain business entities; imposing a civil penalty.
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 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.
Relating to measures to ensure the safety and welfare of the border region of this state, including protection from ongoing criminal activity and public health threats and the establishment of the Border Protection Unit; creating a criminal offense; creating a civil penalty.