Consumer Protection Reform: SB 437 (1989)
▪ language which expands the DTPA waiver provision to allow
▪ language which expands the DTPA waiver provision to allow valid waivers when the defendant proves:
▪ the consumer is not in a significantly disparate bargaining position;
▪ the consumer is represented by legal counsel in seeking or acquiring goods; and
▪ the consumer waives all or part of his rights under this act by an express provision on a written contract signed by both the consumer and the consumer’s legal counsel.
▪ language which strengthens the DTPA notice provision by extending to 60 days the time during which a seller must offer a settlement.
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