Texas Business and Commerce Code 17.42 – Waivers: Public Policy
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(a) Any waiver by a consumer of the provisions of this subchapter is contrary to public policy and is unenforceable and void; provided, however, that a waiver is valid and enforceable if:
(1) the waiver is in writing and is signed by the consumer;
(2) the consumer is not in a significantly disparate bargaining position; and
(3) the consumer is represented by legal counsel in seeking or acquiring the goods or services.
(b) A waiver under Subsection (a) is not effective if the consumer’s legal counsel was directly or indirectly identified, suggested, or selected by a defendant or an agent of the defendant.
Terms Used In Texas Business and Commerce Code 17.42
- Consumer: means an individual, partnership, corporation, this state, or a subdivision or agency of this state who seeks or acquires by purchase or lease, any goods or services, except that the term does not include a business consumer that has assets of $25 million or more, or that is owned or controlled by a corporation or entity with assets of $25 million or more. See Texas Business and Commerce Code 17.45
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Goods: means tangible chattels or real property purchased or leased for use. See Texas Business and Commerce Code 17.45
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Services: means work, labor, or service purchased or leased for use, including services furnished in connection with the sale or repair of goods. See Texas Business and Commerce Code 17.45
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
(c) A waiver under this section must be:
(1) conspicuous and in bold-face type of at least 10 points in size;
(2) identified by the heading “Waiver of Consumer Rights,” or words of similar meaning; and
(3) in substantially the following form:
“I waive my rights under the Deceptive Trade Practices-Consumer Protection Act, Section 17.41 et seq., Business & Commerce Code, a law that gives consumers special rights and protections. After consultation with an attorney of my own selection, I voluntarily consent to this waiver.”
(d) The waiver required by Subsection (c) may be modified to waive only specified rights under this subchapter.
(e) The fact that a consumer has signed a waiver under this section is not a defense to an action brought by the attorney general under Section 17.47.