NCJ Number
47460
Journal
Baylor Law Review Volume: 29 Issue: 3 Dated: (SUMMER 1977) Pages: 559-572
Date Published
1977
Length
14 pages
Annotation
COMMENTS ARE PRESENTED ON THE LIKELY COMBINED EFFECT OF THE TEXAS DECEPTIVE TRADE PRACTICES ACT AND CHANGES IN THE POWERS OF THE FEDERAL TRADE COMMISSION (FTC) BROUGHT ABOUT BY THE MAGNUGON-MOSS ACT.
Abstract
CHANGES IN THE MINIMUM REQUIREMENTS FOR EXPRESS AND IMPLIED WARRANTIES THAT RESULTED FROM THE MAGNUSON-MOSS AMENDMENTS TO THE FTC ARE COMMONLY KNOWN. LESS ATTENTION HAS BEEN DIRECTED TO WHAT MAY BE THE PRINCIPAL IMPACT OF MAGNUSON-MOSS: ITS EFFECT IN THE AREA OF FALSE AND DECEPTIVE TRADE PRACTICES. MAGNUSON-MOSS EXPANDS THE FTC'S JURISDICTION BEYOND INTERSTATE COMMERCE, AUTHORIZES RULE-MAKING FOR THE FTC, AND MODIFIES THE AVAILABILITY OF REMEDIES TO THE FTC. THE EFFECTS OF THESE CHANGES ARE EXAMINED IN THE CONTEXT OF PROVISIONS OF THE TEXAS DECEPTIVE TRADE PRACTICES ACT. IT IS CONCLUDED THAT, TOGETHER, MAGNUSON-MOSS AND THE TEXAS STATUTE MAKE PENALITIES FOR AN UNFAIR OR DECEPTIVE ACT VERY EXPENSIVE FOR BUSINESSES AND POTENTIALLY DISASTROUS FOR SMALLER, LESS SOLVENT ENTERPRISES. (AUTHOR ABSTRACT MODIFIED--LKM)