Texas Business and Commerce Code 17.501 – Consumer Protection Division Participation in Class Action
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(a) A consumer filing an action under Section 17.50 that is to be maintained as a class action shall send to the consumer protection division:
(1) a copy of the notice required by Section 17.505(a), by registered or certified mail, at the same time the notice is given to the person complained against; and
(2) a copy of the petition in the action not later than the earlier of:
(A) the 30th day after the date the petition is filed; or
(B) the 10th day before the date of any hearing on class certification or a proposed settlement.
(b) The court shall abate the action for 60 days if the court finds that notice was not provided to the consumer protection division as required by Subsection (a).
Terms Used In Texas Business and Commerce Code 17.501
- 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
- Consumer protection division: means the consumer protection division of the attorney general's office. See Texas Business and Commerce Code 17.45
- Person: means an individual, partnership, corporation, association, or other group, however organized. See Texas Business and Commerce Code 17.45
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(c) The court, on a showing of good cause, may allow the consumer protection division, as representative of the public, to intervene in an action to which this section applies. The consumer protection division shall file its motion for intervention with the court before which the action is pending and serve a copy of the motion on each party to the action.