Texas Business and Commerce Code - BUS & COM § 17.501. Consumer Protection Division Participation in Class Action

(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).

(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.


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