Your Hero Is on the Way...

CALL (210) 460-0424 FOR A FREE CONSULTATION - WE FIGHT FOR THE COMPENSATION YOU DESERVE!

A Family Owned Firm With Over A Decade of Service - Scutt Law PLLC is the "Personal Side of Personal Injury!"℠
GET SCUTT LAW NOW!

Current Consumer Scams in Texas (According to the Attorney General!)

Top Consumer Scams in Texas

The Office of the Attorney General for the State of Texas has made it a priority to track the top scams. These are the scams that are plaguing the citizens of the State of Texas. The purpose is to bring attention to these scams so that citizens will be on high alert and take action. In order to help Texas Citizens, the Attorney General has posted the Common Scams on their web page web page. So, please take a moment and familiarize yourself with the top scams:

  • Advance Fee Scams
  • Tech Support Scams
  • Phishing Scams
  • Emergency Scams
  • IRS or Government Imposter Scams
  • Foreign Money Exchange Scams
  • Counterfeit Cashier’s Checks Scams
  • Bogus Debt Scams
  • Home Repair Scams
  • Business Opportunities or Employment Scams
  • Shopping Spree Scams

Five Signs You are Dealing with a Scammer

The Attorney General lists 5 signs that you are dealing with a scammer so you can protect yourself:

  1. They contacted you: In contrast to you contacting a business that you know–here, you do not know who is on the other end of the line and what their intent really is in contacting you!
  2. They dangle bait–usually money: As the saying goes, nothing in life is free. So, if you are getting promised money for nothing or the deal sounds to good to be true, then it probably is a scam!
  3. They want your personal information: the Attorney General recommends high alert anytime requests your personal information. Don’t give out your personal information (including contact information, drivers license number, social security, credit/debit card numbers, bank account information, etc…) without thoroughly vetting the party requesting this information–or you could become a victim of identity theft!
  4. You have to pay them first: Examples listed here are prizes or job opportunities that require you to pay them first before you receive a benefit!
  5. You have to wire money or send gift cards: Here the scammer require that you wire or send gift cards to pay off a debt or collect a prize–don’t do this!

Be Aware

The main point is that if you do not know who is on the other end of the line or the why they are calling you then be on high alert!

Take Action

Remember, you can also file a complaint with the Attorney General if you feel you have been the victim of a scam here: Texas Attorney General Consumer Complaint.

Scutt Law, PLLC: Llámanos o contáctanos hoy para una evaluación gratuita de tu caso

Scutt Law, PLLC está aquí para ayudarlo con sus necesidades legales. El primer paso en ese proceso es programar una consulta complementaria para evaluar su posible asunto con nuestra oficina. Afortunadamente, la tecnología ha facilitado la comunicación entre nuestra oficina y nuestros clientes potenciales. Siempre preferimos reunirnos con un cliente potencial en persona, es posible que esto no sea factible debido a posibles conflictos de horarios de clientes o restricciones geográficas (la firma maneja casos para clientes en Texas y más allá). En general, esto es lo que puede esperar durante la consulta del caso: cómo obtener su información de contacto y cómo recopilar los hechos de un caso potential:

  • Reunión programada en persona (¡podemos viajar para conocerlo!)
  • Facetime
  • Skype
  • Teléfono
  • Email
  • Web (24/7 a través de nuestra página de contacto web)

Primero, cuando nos reunamos, desearemos reunir toda su información de contacto. Nombre:

  • Teléfono
  • Teléfono del trabajo
  • Telefono alternativo
  • Teléfono alternativo (familia o amigo)
  • Dirección física
  • Dirección de correo electrónico

Segundo, tendremos una serie de preguntas para preguntarle sobre su posible asunto. Después de esta serie de preguntas donde recopilamos información, estaremos encantados de responder cualquier pregunta que pueda tener. Si acude a nosotros para obtener ayuda con la formación de un negocio o una transacción comercial, desearemos obtener información general para comprender sus objetivos. Si cree que ha sufrido algún tipo de daño debido a la conducta de otro, entonces querremos conocer los hechos de su caso potencial y evaluarlos para ver si puede tener una causa legal de acción. Algunos de los hechos rápidos que podemos recopilar incluyen los siguientes:

  • La fecha y hora en que ocurrió el incidente: ¿A quién culpas?
  • El nombre de la parte adversa o entidad comercial (la parte que causó el daño o la lesión)
  • ¿Que hicieron mal?
  • ¿Cuáles son sus daños (lesiones personales, daños monetarios, daños a la propiedad, daños a su reputación)?

Con esta información en casos calificados, nuestra oficina puede informarle cómo podemos ayudarlo. Sin embargo, puede haber ocasiones en que no tenga sentido ayudar en un asunto y este puede ser un problema mutuo en el que no tiene sentido para usted también. Después de que discutamos el caso potencial, puede decidir no buscar un remedio legal. En cualquier caso, siempre queremos que entienda las razones desde una perspectiva legal. Queremos ser un recurso legal para usted y queremos asegurarnos de que vaya en la dirección correcta. También puede estar dirigiéndolo al servicio de referencia de abogados para su área.

Al igual que los profesionales médicos, es posible que haya especialistas legales que estén mejor equipados para manejar su caso potencial. Como usted sabe, diferentes profesionales de la medicina manejan diferentes tipos de afecciones y, según el entrenamiento y la experiencia, un oftalmólogo no realiza una cirugía de corazón. Por ejemplo, si está solicitando ser despedido de su trabajo debido a una discriminación, entonces nos gustaría dirigirlo a un Abogado de Empleo o de Trabajo para que lo ayude en su asunto, ya que esta es un área de práctica que Scutt Law, PLLC no tiene. Actualmente manejamos. Scutt Law, PLLC desea ayudarlo con sus necesidades legales y nos tomaremos el tiempo para evaluar completamente su asunto y discutir sus opciones con usted. ¡Esperamos reunirnos con usted de la manera que elija! Queremos ser un recurso legal para usted, su familia y amigos.


Nota: En general, un abogado no tiene ninguna obligación de abordar un asunto. Reglas disciplinarias de conducta profesional de Texas, Regla 1.15 Declinación o terminación de la representación. El material en este sitio web es únicamente para fines de información general y no debe considerarse asesoramiento legal. La transmisión y recepción de información en este sitio web no constituye ni constituye una relación de abogado-cliente, ni el acto de enviar un correo electrónico a los abogados o agentes de patentes en Scutt Law, PLLC creará una relación de abogado-cliente. Las personas que vean o reciban la información en este sitio web no deben actuar sobre la información proporcionada sin buscar asesoría legal profesional. Scutt Law, PLLC se reserva el derecho de rechazar cualquier representación legal. Este sitio web puede actualizarse, modificarse o modificarse de otro modo sin previo aviso. Scutt Law, PLLC no asume ninguna responsabilidad por errores u omisiones en el contenido de este sitio web. El uso de este sitio web es bajo su propio riesgo. Bajo ninguna circunstancia este sitio web o cualquier otra parte involucrada en su creación, contenido, producción o entrega de este sitio web será responsable ante usted o cualquier otra persona por cualquier daño indirecto, especial, incidental o consecuente de cualquier tipo que surja de su Acceso a, o uso de, este sitio web.

Scutt Law, PLLC: Call or Contact Us Today for a Complimentary Case Evaluation

Scutt Law, PLLC is here to assist you with your legal needs. The first step in that process is scheduling a complimentary consultation to evaluate your potential matter with our office. Fortunately, technology has made it easier for our office and potential clients to communicate. While we always prefer to meet with a potential client in person, that may not be feasible due to potential client schedule conflicts or geographical constraints (the firm handles cases for clients in Texas and beyond). Generally, here is what to expect during the case consultation: Getting Your Contact Information and Gathering Facts

Ways that we can communicate with you:

  • Scheduled In-Person Meeting (we can travel to meet you!)
  • Facetime
  • Skype
  • Phone
  • Email
  • Web (24/7 via our web contact page)

First, when we meet, we will want to gather all of your contact information.

  • Name:
  • Phone
  • Work Phone
  • Alternative Phone
  • Alternative Phone (Family or Friend)
  • Physical Address
  • Email Address

Second, we will have a series of questions to ask you about your potential matter. After this series of questions where we gather information, we will be more than happy to answer any questions that you may have. If you are coming to us for assistance with business formation or a business transaction, we will want to get general information to understand your goals. If you believe that you have suffered some type of harm due to the conduct of another, then we will want to get the facts of your potential case and evaluate those facts to see if you may have a legal cause of action. Some of the quick facts that we may gather include the following:

  • The Date and Time that the Incident Occurred:
  • Who do you blame–the name of the Adverse Party or Business Entity (the party that caused the harm or injury)
  • What did they do wrong?
  • What are your damages (personal injuries, monetary harm, damaged property, harm to your reputation)

Armed with this information on qualified cases, our office can then let you know how we can assist you. However, there may be times that it does not make sense to assist on a matter and this may be a mutual issue where it does not make sense for you as well. After we discuss the potential case, you may decide not to pursue a legal remedy. Regardless, we always want you to understand the reasons from a legal perspective. We want to be a legal resource for you and we want to make sure that you are headed in the right direction. That may also be directing you to the lawyer referral service for your area.

Similar to medical professionals, there may be legal specialists that are better equipped to handle your potential case. As you know, different medical professionals handle different types of conditions and based on training and experience an Ophthalmologist does not perform heart surgery. For example, if you are inquiring about being terminated from your job due to discrimination, then we would want to direct you to an Employment or Labor Lawyer to assist you on your matter as this is an area of practice that Scutt Law, PLLC does not currently handle.

Scutt Law, PLLC wants to assist you with your legal needs and we will take the time to fully evaluate your matter and discuss your options with you. We look forward to meeting with you in whatever manner that you choose! We want to be a legal resource for you, your family and friends.


Note: Generally, a lawyer is under no obligation to take on a matter. Texas Disciplinary Rules of Professional Conduct, Rule 1.15 Declining or Terminating Representation. Material on this web site is solely for general informational purposes and should not be considered legal advice. The transmission and receipt of information on this web site does not form or constitute an attorney-client relationship, nor will the act of sending e-mail to attorneys or patent agents at Scutt Law, PLLC create an attorney-client relationship. Persons viewing or receiving the information on this web site should not act upon the information provided without seeking professional legal counsel. Scutt Law, PLLC reserves the right to decline any legal representation.

This web site may be updated, changed or otherwise modified without notice. Scutt Law, PLLC assumes no liability or responsibility for any errors or omissions in the content of this web site. Use of this web site is at your own risk. Under no circumstances shall this web site or any other party involved in its creation, content, production or delivery of this web site be liable to you or any other person for any indirect, special, incidental, or consequential damages of any kind arising from your access to, or use of, this web site.

Civil Litigation–What Is it?

Generally, civil litigation is the process of resolving disputes between two or more parties (either individual or business entities) who seek compensation (money damages or specific performance) in order to resolve the dispute. In contrast, criminal law pertains to the criminal justice system, which deals with violations of criminal statutes or criminal laws violation of which can lead to payment of fines or penalties and/or the deprivation of liberty (incarceration) and even death in felony matters in some states. A civil case generally begins when one person or business entity (the “plaintiff”) makes a claim of harm as a result of the conduct or actions of another person or business entity (the “defendant”).

These matters may be initially categorized as uncontested or contested. If the dispute is uncontested, then both sides agree on a desired outcome of the matter. The parties will generally execute a settlement agreement (compromise and release) that is legally binding and they may elect to use the court system to have the agreement approved by a judge. Uncontested matters are less time intensive for the parties and can be resolved with solid research, organization, drafting and diligence. Even in an uncontested matter, an attorney is a valuable resource to assure that the agreement is fair and that the represented party’s rights are protected. Once a release is signed, a party will likely (with the exception of very uncommon situations like fraud or duress) never be able to go back again to revise the terms of the settlement agreement.

In a contested matter, the parties involved do not agree on what the outcome of the case should be.  Contested cases require the parties to argue their positions and show how the evidence in the case along with the applicable law supports that a court of law should rule in their favor. Contested cases generally require more legal work for the attorney than in an uncontested case. These matters, even though they may ultimately settle before going to trial, should “begin with the end in mind.” The trial attorney works from the perspective of preparing for court from the first day that the client is engaged.

Good trial lawyers know that most cases are won or lost before the trial ever begins and it is the pretrial phase of the case that has the greatest bearing on the outcome of the case. In the pretrial phase, facts are gathered, witnesses are interviewed, physical evidence is secured and legal theories are developed. Many times the cases will resolve pre-litigation (before a petition is filed before the court). If your case is contested and the other side is represented by an attorney, please seek the advice of an attorney as to your matter and your legal rights.* Civil litigation is commonly thought of as having three phases (this outline is for reference only–it is not exhaustive and is in reference only to Texas): (1) Pretrial; (2) Trial (Jury or Bench); and (3) Post Trial.

The Pretrial Phase includes:

  • Research
  • Filing Petition
  • Notice (Service of Process)
  • Response
  • Pretrial Disposal of Matter
    • Nonsuit
    • Dismissal
    • Settlement
    • Default Judgment
    • Summary Judgment

The Trial Phase includes:

  • Jury Selection (Voir Dire)
  • Opening Statements
  • Presentation of Evidence
    • Introduction of Evidence (Exhibits)
    • Witness Testimony (Lay and Expert)
      • Direct Examination
      • Cross Examination
    • Impeachment (attack on witness credibility)
    • Rehabilitation (restoration of witness credibility)
    • Objections and Objection Handling /Preservation of Error
  • Charge to the Court
  • Closing Arguments
  • Jury Deliberation (not applicable if bench trial)
  • Judgment

Post Trial:

  • Deadlines!
  • Motion for New Trial
  • Motion for JNOV (Judgment Non Obstante Veridicto)
  • Notice of Appeal
  • Enforcement of Judgment

Having a trusted resource to navigate this process is why Scutt Law, PLLC is here to serve your. If you have any questions regarding your potential matter, please feel free to contact us for a free case evaluation.


Material on this web site is solely for general informational purposes and should not be considered legal advice. The transmission and receipt of information on this web site does not form or constitute an attorney-client relationship, nor will the act of sending e-mail to attorneys or agents of Scutt Law, PLLC create an attorney-client relationship. Persons viewing or receiving the information on this web site should not act upon the information provided without seeking professional legal counsel. Scutt Law, PLLC reserves the right to decline any legal representation.

This web site may be updated, changed or otherwise modified without notice. Scutt Law, PLLC assumes no liability or responsibility for any errors or omissions in the content of this web site. Use of this web site is at your own risk. Under no circumstances shall this web site or any other party involved in its creation, content, production or delivery of this web site be liable to you or any other person for any indirect, special, incidental, or consequential damages of any kind arising from your access to, or use of, this web site.

The Scutt Law, PLLC web site may contain links that lead to third-party web sites. Scutt Law, PLLC is not responsible for the contents of any linked web site. Any use of links to web sites not maintained by Scutt Law, PLLC, is at your own risk. Scutt Law, PLLC does not incorporate any materials appearing in such linked web sites by reference, and the firm does not sponsor, endorse or otherwise approve of such linked materials. Any web site links are provided solely for convenience.

This web site designates its principal office address as: San Antonio, Texas 78256. All materials contained on this web site, including copyrights, trademarks, and trade dress, are the exclusive property of Scutt Law, PLLC. Unauthorized use or reproduction is strictly prohibited.

¿Ha sufrido una lesión personal? Lesionado debido a la negligencia de alguien?

Si ha sido lesionado y está considerando presentar un reclamo por lesiones personales, es fundamental a llamar un abogado con experiencia en el manejo de reclamos por lesiones personales. Es esencial actuar rápido en su caso. Un abogado con experiencia hará justamente eso.

  • Algunos de los tipos comunes de casos en que las personas sufren lesiones personales son:
  • Lesiones desde accidentes de Auto / 18 ruedas /vehículos de compañías / Motocicleta / Accidentes de peatones
  • Casos de responsabilidad de un dueño de propiedad real (resbalones y caídas, tropiezos y caídas, actividad negligente)
  • Lesiones laborales (trabajadores)
  • Lesiones como resultado de un ataque de perro

Como se dice, “los recuerdos se desvanecen”. Por lo tanto, reunir evidencia importante al comienzo del asunto es una necesidad. Eso significa hacer un informe policial o de incidentes, tomar fotografías de la escena del incidente y / o la propiedad dañada, hablar con testigos y hablar con las autoridades. Además, hacer que su abogado se mueva rápido para obtener cartas de representación para manejar todas las comunicaciones con todas las partes. Las compañías de seguros se mueven rápidamente para obtener declaraciones grabadas, y muchos casos pueden dañarse al no controlar la información.

Es importante tomar medidas para conseguir un abogado, así que busque lo siguiente: Un abogado con experiencia en el manejo de casos como el suyo. Un abogado que se enfocará en el caso (pregúntele al abogado cuántos casos están manejando, ¿es usted solo un número?) Un abogado que ha tratado con compañías de seguros y ha ido a juicio. Un abogado que tiene un comportamiento con el que puede trabajar y confiar En Scutt Law, PLLC.

No queremos ser los más grandes, solo queremos ser el mejor. Usted merece un servicio personalizado y atención durante su materia. ¡Contáctenos ahora para una consulta gratis!

    Scutt Law, PLLC: Honoring Those Who Served on Memorial Day

    Scutt Law, PLLC would like to than those who served our country on Memorial Day. We honor them and thank them all, especially those men and women who made the ultimate sacrifice to secure our freedom and way of life. We understand that without that service, there would be no rule of law as we know it here in the United States. Without their service and sacrifice, there would be no recourse for the citizens of the United States to resolve their differences in this country and under those very laws they protected.

    Both sides of the family served our country–Dr. Harold J. Kieffer and Paul J. Scutt. Both men went on after their military service to become leaders in their respective fields.

    Dr. Harold J. Kieffer: Doctor of Chiropractic, Charter Member and Board of Governors for the American Chiropractic Association:

    “Chiropractic has show horses, and we have work horses.” observed ACA Governor James Edwards,DC (Kansas). “Dr. Kieffer has been a work horse who has pulled chiropractic’s plow for decades. This profession owes him a debt of gratitude that can never be repaid.”

     

     

     

    Paul J. Scutt: Senior Vice President, Kroger Grocery Company and Consultant for Mckinsey and Company:

    Paul started as a bag boy with Kroger Grocery Company and retired as an officer in the company. He then served as a Grocery Industry Consultant for Mckinsey & Company and traveled the world advising companies on retail grocery operations.

    Here at Scutt Law, PLLC we believe the discipline they learned, the work ethic that they applied to their professional callings, and the spirit of service to others that they lived everyday continues to live on in their sons, daughters, grandchildren and great grandchildren. Today, we remember and honor them–and all the great men and women who served. God bless America.

     

    CONTESTS AND GIVEAWAYS IN TEXAS

    Many businesses in Texas have contests and giveaways. The DTPA protects Texas consumers from Deceptive Trade Practices in relation to contests and giveaways. Chapter 40 of the Business & Commerce Code addresses these issues. Chapter 40 is listed below for reference.

    It provides for both Criminal and Civil penalties for violation. The definitions section specifically mentions “Timeshare Interest” and “Sales Presentation;” so the Chapter clearly contemplated violations in this commercial space.

    If you feel that you have been taken advantage of in relation to a Contest or Gift Giveaway, please feel free to contact our office for a free consultation.

    BUSINESS & COMMERCE CODE
    CHAPTER 40. CONTESTS AND GIFT GIVEAWAYS
    SUBCHAPTER A. GENERAL PROVISIONS

    	§ 40.001. SHORT TITLE.  This chapter may be cited as the 
    Contest and Gift Giveaway Act.
    
    Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, 1997.          
    
    
    	§ 40.002. CONSTRUCTION OF CHAPTER.  This chapter shall be 
    interpreted to provide the maximum disclosure to, and fair 
    treatment of, a person who enters a contest or gift giveaway through 
    which the person is solicited to attend a sales presentation.
    
    Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, 1997.          
    
    
    	§ 40.003. DEFINITIONS.  (a) In this chapter:                                
    		(1)  "Contest" means a promotional device in which:                           
    			(A)  a person is offered, as an inducement to 
    attend a sales presentation, a chance to win or receive a prize by 
    complying with specified entry requirements;
    			(B)  the chance to win any prize is determined by 
    random selection;  and   
    			(C)  all offered prizes are awarded.                                         
    		(2)  "Contest period" means the duration of a contest 
    from the beginning date to the ending date.
    		(3)  "Drawing" means a contest in which the recipient 
    of a prize is determined from all of the entries received.
    		(4)  "Entry form" means a card, letter, entry blank, 
    token, or similar device that identifies a contestant by:
    			(A)  name;                                                                   
    			(B)  number, letter, or symbol;  or                                          
    			(C)  both name and number, letter, or symbol.                                
    		(5)  "Gift" means an item of value that is offered, 
    transferred, or given to a person as an inducement to attend a sales 
    presentation but that is not offered, transferred, or awarded by 
    chance through a contest.  The term does not include a 
    manufacturer's rebate or discount available to the public.
    		(6)  "Major prize" means a prize that has an actual unit 
    cost to the offeror of at least $250.
    		(7)  "Matched contest" means a contest in which:                              
    			(A)  winning numbers are preselected, printed on 
    an entry form, and distributed to the public;  and
    			(B)  the numbers on the entry form are 
    subsequently matched with the list of winning numbers at a sales 
    location to determine prize eligibility.
    		(8)  "Minor prize" means a prize that:                                        
    			(A)  has an actual unit cost to the offeror of less 
    than $250;  and        
    			(B)  is transferred to a person who:                                         
    				(i)  attends a sales presentation;  and                                     
    				(ii)  is not the winner of a major prize.                                   
    		(9)  "Odds of winning" means a ratio in which:                                
    			(A)  the numerator equals the actual number of 
    units of an identified prize to be given away during a contest 
    period;  and
    			(B)  the denominator equals the number of entry 
    forms distributed or reasonably anticipated to be distributed 
    during the contest period.
    		(10)  "Offeror" means a person who solicits a person to 
    attend a sales presentation.
    		(11)  "Person" includes an individual, a corporation, a 
    firm, and an association.
    		(12)  "Prize" means an item of value that is offered, 
    awarded, or given to a person through a contest.  The term does not 
    include a manufacturer's rebate or discount available to the 
    public.
    		(13)  "Sales presentation" means a transaction or 
    occurrence in which a consumer is solicited to execute a contract 
    that obligates the consumer to purchase goods or services as 
    defined by Subchapter E, Chapter 17,  including:
    			(A)  a "timeshare interest" as defined by Chapter 
    221, Property Code;  and 
    			(B)  a "membership interest" as defined by Chapter 
    222, Property Code.     
    		(14)  "Winning number" includes a letter or other 
    identifying symbol.       
    	(b)  For purposes of Subsection (a)(1)(B), a determination 
    made by "random selection" does not include the method used by an 
    offeror to identify any person who will be notified of an offer to 
    win a prize.
    
    Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, 1997.          
    
    
    	§ 40.004. EXEMPTION.  This chapter does not apply to a 
    sales presentation conducted in conjunction with a business 
    seminar, trade show, convention, or other gathering at which 
    representatives of business entities are the only individuals 
    solicited to attend the sales presentation. 
    
    Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, 1997.          
    
    
    	§ 40.005. DETERMINATION OF RETAIL VALUE OF PRIZE OR 
    GIFT.  (a) The retail value of an item offered as a prize or gift is 
    the price at which a substantial number of sales of the exact item 
    of the same manufacturer, brand, model, and type have been made to 
    members of the public by at least two principal retail outlets in 
    this state during the six months preceding the offering of the prize 
    or gift.
    	(b)  If a substantial number of sales of a particular item 
    have not been made in this state in the six months preceding the 
    offering of the item described in the solicitation or if the offeror 
    elects, the retail value of the item is the actual cost of the item 
    to the offeror, net of any rebates, plus 200 percent.
    	(c)  If a prize or gift involves lodging, airfare, a trip, or 
    a recreational activity, the retail value is the retail sales price 
    of that lodging, airfare, trip, or recreational activity to a 
    member of the public who is not involved in a promotional or other 
    discount transaction.
    
    Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, 1997.          
    
    
    	§ 40.006. RAINCHECK REQUIREMENTS.  (a) Subject to 
    Subsections (d)-(g), an offeror may not fail:
    		(1)  in a gift offer to provide each gift as represented 
    to each person who attends a sales presentation;  or
    		(2)  in a matched contest to award each prize as 
    represented on the entry form to each person who presents a winning 
    entry.
    	(b)  Except as provided by Subsections (d)-(g), an offeror 
    may not provide a coupon book, a discount book, or a certificate or 
    voucher that entitles the holder to redeem the certificate or 
    voucher for a gift or prize required to be available under this 
    section.
    	(c)  An offeror shall have available at the sales location a 
    sufficient quantity of:
    		(1)  each gift to meet the reasonable anticipated 
    response to the offer;  or
    		(2)  each prize to meet the reasonable anticipated 
    number of prize winners. 
    	(d)  If the response to an offer exceeds the number of gifts, 
    or of major or minor prizes, available at the sales location, the 
    offeror, at the time of the visit or, if a sales presentation is 
    required, at the conclusion of the sales presentation, shall tender 
    to the recipient of the offer a raincheck for the gift or prize 
    represented in the offer.  The offeror shall send that exact gift or 
    prize to the recipient, without cost to the recipient, not later 
    than the 14th day after the date on which the recipient visits the 
    sales location or attends the sales presentation.  The offeror 
    shall obtain a return receipt from the shipper verifying that the 
    gift or prize was delivered to the recipient.
    	(e)  If, after the expiration of 14 days from the date of 
    issuance of the raincheck, the offeror has failed to send the gift 
    or minor prize, the offeror, not later than the 15th day after the 
    date of issuance of the raincheck, shall send to the recipient of 
    the raincheck a check or money order in the amount of $100 payable 
    to the recipient.  The offeror shall obtain a return receipt from 
    the United States Postal Service that verifies that the check or 
    money order was delivered to the recipient.
    	(f)  If the offeror knows at the time the recipient of the 
    offer visits the sales location or attends a sales presentation 
    that the gift or minor prize will not be available within 14 days of 
    the date of the visit or attendance, the offeror shall at the time 
    of the visit or at the conclusion of the sales presentation tender 
    to the recipient, by cash or check, the amount of $100.
    	(g)  If the gift or prize involves lodging, airfare, a trip, 
    or a recreational activity, the offeror may give the recipient a 
    certificate that evidences the recipient's right to the gift or 
    prize.  The offeror may require a refundable deposit if the 
    requirement of a deposit is fully disclosed. 
    
    Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, 1997.          
    
    
    	§ 40.007. DEPOSIT REQUIREMENTS.  (a) If a gift or prize 
    involves lodging, airfare, a trip, or a recreational activity, the 
    offeror may require a refundable deposit if the requirement of a 
    deposit is fully, clearly, and conspicuously disclosed.
    	(b)  For purposes of this section, "refundable deposit" 
    means a deposit that is required to be returned in its entirety to a 
    consumer if:
    		(1)  it is paid by the consumer for a reservation that 
    is used by the consumer;  or
    		(2)  the consumer provides at least five possible 
    reservation dates, none of which can be confirmed.
    	(c)  A condition that restricts the refund of the deposit 
    must be clearly and conspicuously disclosed in at least 10-point 
    type on the solicitation.
    
    Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, 1997.

    SUBCHAPTER B. GIFT OFFERS

    	§ 40.031. APPLICATION OF SUBCHAPTER.  This subchapter 
    applies to a person who uses a gift as part of an advertising plan or 
    program. 
    
    Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, 1997.          
    
    
    	§ 40.032. FULL DISCLOSURE REQUIRED.  A gift is not 
    prohibited in a legitimate trade promotion if the advertising 
    regarding the promotion fully discloses any requirement of a 
    purchase to be made or contractual obligation to be assumed to 
    qualify for the gift. 
    
    Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, 1997.          
    
    
    	§ 40.033. CONSIDERATION TO OFFEROR;  LIMITATIONS.  (a) An 
    offeror may not notify a person that the person will receive a gift, 
    a condition of receipt of which requires the person to pay 
    consideration of any kind or a charge or expense to a person for the 
    gift, unless the consideration, charge, or expense is fully, 
    clearly, and conspicuously disclosed.
    	(b)  An offeror may not charge a redemption fee or shipping 
    fee even if full disclosure of the fee is made.
    	(c)  In this section, "redemption or shipping fee" means any 
    kind of consideration paid to the offeror.  The term does not 
    include a refundable deposit. 
    
    Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, 1997.          
    
    
    	§ 40.034. LIMITATION ON REQUIREMENT OF PURCHASE.  An 
    offeror may not notify a person that the person will receive a gift, 
    a condition of receipt of which requires the person to purchase a 
    good or service, unless at the time of notification the offeror 
    clearly and conspicuously discloses that purchase of a good or 
    service is required.
    
    Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, 1997.          
    
    
    	§ 40.035. LIMITATION ON REQUIRED ATTENDANCE AT SALES 
    PRESENTATION.  (a) An offeror may not notify a person that the 
    person will receive a gift unless at the time of the notification 
    the offeror clearly and conspicuously discloses:
    		(1)  that attendance at the sales presentation is 
    required;                 
    		(2)  a description of the product or service being 
    sold;  and               
    		(3)  the approximate duration of the sales 
    presentation.                    
    	(b)  An item of value offered as an inducement to a person to 
    attend a sales presentation constitutes a gift unless the item 
    qualifies as a prize offered, transferred, or given through a 
    contest. 
    
    Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, 1997.          
    
    
    	§ 40.036. GIFT OFFERS;  PROHIBITED ACTS.  A person may 
    not:               
    		(1)  use the term "gift" or a similar term in a false, 
    misleading, or deceptive manner;
    		(2)  directly represent or imply that a gift promotion 
    is a contest;        
    		(3)  in a gift promotion, use the term:                                       
    			(A)  "finalist," "major award winner," "grand 
    prize recipient," "winner," "won," "will win," or "will be awarded" 
    or use words or phrases of similar meaning that imply that a person 
    is being solicited to enter or participate in a contest;  or
    			(B)  "sweepstakes" or "contest" or use words or 
    phrases of similar meaning that imply that the respondent is being 
    solicited to enter or has won a contest;
    		(4)  fail to disclose the retail value of a gift;                             
    		(5)  fail to disclose clearly and conspicuously in at 
    least 10-point type that airfare, lodging, or both are not included 
    as part of a prize that is a trip or recreational activity to the 
    extent that either or both are not included;
    		(6)  represent that a gift has a sponsor, approval, 
    characteristic, ingredient, use, benefit, quantity, status, 
    affiliation, connection, or identity that the gift does not have;
    		(7)  represent that a gift is of a particular standard, 
    quality, grade, style, or model if the gift is of another;  or
    		(8)  use a word or phrase that simulates or causes 
    confusion with:          
    			(A)  a document issued by an officer of a court of 
    any jurisdiction or that implies the offeror is sending a court or 
    legal document;  or
    			(B)  the seal or name of a governmental entity, 
    whether real or fictitious, or that implies that the offeror is a 
    governmental entity.
    
    Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, 1997.

    SUBCHAPTER C. MATCHED CONTESTS AND DRAWINGS

    	§ 40.061. APPLICATION OF SUBCHAPTER.  This subchapter 
    applies to a person who uses a contest as part of an advertising 
    plan or program. 
    
    Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, 1997.          
    
    
    	§ 40.062. CONSIDERATION TO OFFEROR;  LIMITATIONS.  An 
    offeror may not notify a person that the person has won a prize, 
    will receive a prize, or has a chance to win or receive a prize, a 
    condition of receipt of which requires the person to pay 
    consideration of any kind or a charge or expense to a person for the 
    prize except for:
    		(1)  expenses incurred for travel to and from the sales 
    location;  or       
    		(2)  a refundable deposit authorized under Section 
    40.007.                  
    
    Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, 1997.          
    
    
    	§ 40.063. LIMITATION ON REQUIREMENT OF PURCHASE.  An 
    offeror may not notify a person that the person has won a prize, 
    will receive a prize, or has a chance to win or receive a prize, a 
    condition of receipt of which requires the person to purchase a good 
    or service unrelated to the prize. 
    
    Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, 1997.          
    
    
    	§ 40.064. LIMITATION ON REQUIRED ATTENDANCE AT SALES 
    PRESENTATION.  An offeror may not notify a person that the person 
    has won a prize, will receive a prize, or has a chance to win or 
    receive a prize unless at the time of the notification the offeror 
    clearly and conspicuously discloses:
    		(1)  that attendance at the sales presentation is 
    required;                 
    		(2)  a description of the product or service being 
    sold;  and               
    		(3)  the approximate duration of the sales 
    presentation.                    
    
    Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, 1997.          
    
    
    	§ 40.065. MATCHED CONTEST REQUIREMENTS.  (a) The identity 
    and number of the major prizes to be awarded in a matched contest 
    shall be determined before the contest begins.  That information 
    shall be disclosed on each entry form distributed.
    	(b)  Each major prize identified on an entry form shall be 
    awarded.          
    	(c)  The contest period may not exceed 12 calendar months.                     
    	(d)  If, during the contest period, a winning number is not 
    presented or matched for a major prize, the offeror shall conduct a 
    drawing from the names of those individuals who have attended a 
    sales presentation during the contest period.  The offeror shall 
    conduct the drawing not later than the 60th day after the date on 
    which the contest period ends.  Each major prize identified on the 
    entry forms distributed during the contest period that was not 
    previously awarded shall be awarded at the time of the drawing.
    
    Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, 1997.          
    
    
    	§ 40.066. MATCHED CONTEST;  PROHIBITED ACTS.  (a) A 
    person engaged in the preparation, promotion, sale, distribution, 
    or use of a matched contest may not:
    		(1)  use the term "prize" or another similar term in a 
    false, misleading, or deceptive manner;
    		(2)  fail to disclose the retail value of the prize;                          
    		(3)  fail to disclose clearly and conspicuously in at 
    least 10-point type that airfare, lodging, or both are not included 
    as part of a prize that is a trip or recreational activity to the 
    extent that either or both are not included;
    		(4)  represent that a person solicited to enter a 
    contest is a "finalist," "major award winner," "grand prize 
    recipient," or "winner" or that a person has "won," "will win," or 
    "will be awarded" or use words or phrases of similar meaning when a 
    person is being solicited to enter or participate in a contest, 
    unless the representation is true;
    		(5)  represent that a prize has a sponsor, approval, 
    characteristic, ingredient, use, benefit, quantity, status, 
    affiliation, connection, or identity that the prize does not have;
    		(6)  represent that a prize is of a particular 
    standard, quality, grade, style, or model if the prize is of 
    another;
    		(7)  misrepresent the odds of winning a prize;                                
    		(8)  misrepresent the rules or terms of participation 
    in a contest;         
    		(9)  represent that:                                                          
    			(A)  any number, ticket, coupon, symbol, or entry 
    form confers or will confer an advantage on a person that another 
    person does not have;
    			(B)  a person is more likely to win a prize than 
    another person;  or       
    			(C)  a number, ticket, coupon, symbol, or entry 
    form has some value that other entries do not have;
    		(10)  fail to obtain a person's express written consent 
    before using that person's name for a promotional purpose;
    		(11)  use or distribute simulated checks or currency or 
    other simulated items of value unless the words 
    "SPECIMEN--NON-NEGOTIABLE" are clearly and conspicuously printed 
    on those items in at least 18-point type;
    		(12)  use a word or phrase that simulates or causes 
    confusion with:         
    			(A)  a document issued by an officer of a court of 
    any jurisdiction or that implies the offeror is sending a court or 
    legal document;  or
    			(B)  the seal or name of a real or fictitious 
    governmental entity or that implies that the offeror is a 
    governmental entity.
    	(b)  A person may not use a matched contest unless the person 
    clearly and conspicuously discloses in writing in the offer:
    		(1)  the fact that attendance at a sales presentation 
    is required;          
    		(2)  the name and street address of the person who is 
    soliciting attendance at a sales presentation;
    		(3)  a description of the product or service being 
    sold;                    
    		(4)  each requirement, restriction, qualification, and 
    other condition that must be satisfied for a person to enter a 
    contest, including:
    			(A)  any deadline by which the person must visit 
    the location or attend the sales presentation to qualify to receive 
    a prize;  and
    			(B)  the approximate duration of the sales 
    presentation;                   
    		(5)  a statement of the odds of winning each prize 
    offered, expressed as a ratio in Arabic numerals;
    		(6)  the geographical area or states in which the 
    contest will be conducted;
    		(7)  the beginning and ending dates of the contest 
    period;                  
    		(8)  the identity and address of each person 
    responsible for the awarding of the prizes;
    		(9)  the fact that all unclaimed prizes will be awarded 
    by a drawing and the date of the drawing;  and
    		(10)  all other rules and terms of the contest.                               
    
    Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, 1997.          
    
    
    	§ 40.067. DRAWINGS;  PROHIBITED ACTS.  (a) A person may 
    not use a drawing unless the offeror clearly and conspicuously 
    discloses in writing in the offer:
    		(1)  a statement of the odds of winning each prize 
    offered, expressed as a ratio in Arabic numerals;
    		(2)  the exact prizes to be awarded in the contest;                           
    		(3)  the beginning and ending dates of the contest 
    period;                  
    		(4)  the date on which the drawing will take place;  and                      
    		(5)  the location of the drawing.                                             
    	(b)  A person engaged in the preparation, promotion, sale, 
    distribution, or use of a drawing may not:
    		(1)  use the term "prize" or a similar term in a false, 
    misleading, or deceptive manner;
    		(2)  fail to provide the prize as represented at the 
    conclusion of the drawing;
    		(3)  fail to disclose the retail value of the prize;                          
    		(4)  fail to disclose clearly and conspicuously in at 
    least 10-point type that airfare, lodging, or both are not included 
    in a prize that is a trip or recreational activity to the extent 
    that either or both are not included;
    		(5)  represent that a prize has a sponsor, approval, 
    characteristic, ingredient, use, benefit, quantity, status, 
    affiliation, connection, or identity that the prize does not have;
    		(6)  represent that a prize is of a particular 
    standard, quality, grade, style, or model if the prize is of 
    another;
    		(7)  misrepresent the odds of winning a prize;  or                            
    		(8)  misrepresent the rules or terms of participation 
    in a contest.         
    	(c)  If the odds of winning cannot be determined because the 
    total number of entries is not known, the offeror shall make a 
    statement to the effect that the odds of winning depend on the total 
    number of entries received.
    
    Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, 1997.

    SUBCHAPTER D. CONTEST RECORDS

    	§ 40.091. APPLICATION OF SUBCHAPTER.  This subchapter 
    applies to a person who uses a contest as part of an advertising 
    plan or program. 
    
    Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, 1997.          
    
    
    	§ 40.092. GENERAL CONTEST RECORDS;  LIST OF WINNERS.  (a) 
    For each contest other than a drawing, the offeror shall maintain 
    until the second anniversary of the date on which all prizes have 
    been awarded:
    		(1)  a record of the identity and address of each person 
    who is responsible for developing, creating, sponsoring, or 
    implementing any part of the advertising plan or program;
    		(2)  records that show that the winning numbers have 
    been deposited in the mail or otherwise made available to 
    recipients in accordance with the odds statement provided under 
    Section 40.066(b);
    		(3)  a copy of each contest solicitation;                                     
    		(4)  records adequate to disclose:                                            
    			(A)  the name and address of each contestant;                                
    			(B)  the approximate date on which each contestant 
    was sent the solicitation used in the contest;
    			(C)  the number of major prizes awarded;                                     
    			(D)  the date on which each major prize was 
    awarded;                       
    			(E)  the name, brand, type, model number, and 
    manufacturer of each prize offered;
    			(F)  the method of computing the retail value of 
    each prize;               
    			(G)  the method of selecting major prize winners;                            
    			(H)  the name and address of each major prize 
    winner;  and                 
    			(I)  the facts on which each representation or 
    disclosure made in connection with the contest is based and from 
    which the validity of the representation or disclosure can be 
    determined.
    	(b)  Postal receipt records, affidavits of mailing, and a 
    list of winners or recipients of the major prizes satisfy the 
    requirements of Subsection (a)(2). 
    
    Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, 1997.          
    
    
    	§ 40.093. DRAWING RECORDS;  LIST OF WINNERS.  (a) For each 
    drawing, the offeror shall maintain until the second anniversary of 
    the date on which all major prizes have been awarded:
    		(1)  a record of the identity and address of each person 
    who is responsible for developing, creating, sponsoring, or 
    implementing any part of the advertising plan or program;
    		(2)  records that show that the winning entry for each 
    major prize was selected entirely at random from all of the entries 
    received;
    		(3)  a copy of each contest solicitation;  and                                
    		(4)  records adequate to disclose:                                            
    			(A)  the total number of entries;                                            
    			(B)  the number of major prizes awarded;                                     
    			(C)  the date on which each major prize was 
    awarded;                       
    			(D)  the name, brand, type, model number, and 
    manufacturer of each prize offered;
    			(E)  the method of computing the retail value of 
    each prize;               
    			(F)  the method of selecting winners;  and                                   
    			(G)  the names and addresses of the winners.                                 
    	(b)  An affidavit from the person who conducted the drawing 
    and a list of winners or recipients of the major prizes satisfies 
    the requirements of Subsection (a)(2). 
    
    Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, 1997.          
    
    
    	§ 40.094. DISCLOSURE ON REQUEST.  At the end of the 
    contest period, each person who conducts a contest shall provide to 
    any person requesting the information:
    		(1)  the names of all major prize winners;  and                               
    		(2)  the prizes won by each winner.                                           
    
    Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, 1997.          
    
    
    	§ 40.095. RECORDS AVAILABLE TO ATTORNEY GENERAL.  The 
    records required under this subchapter shall be made available to 
    the attorney general not later than the 30th day after the date on 
    which a written request for the records is received. 
    
    Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, 1997.

    SUBCHAPTER E. ENFORCEMENT

    	§ 40.121. CRIMINAL PENALTY.  (a) A person commits an 
    offense if the person knowingly violates this chapter.
    	(b)  Except as provided by Subsection (c), an offense under 
    this section is a Class B misdemeanor.
    	(c)  An offense under this section is a:                                       
    		(1)  Class A misdemeanor if it is shown at the trial of 
    the defendant that the violation occurred not later than the fifth 
    anniversary of the date of a previous conviction under this 
    section;  or
    		(2)  third degree felony if the violation was 
    intentional and it is shown at the trial of the defendant that the 
    violation occurred not later than the fifth anniversary of the 
    earlier of the dates of two previous convictions under this 
    section.
    	(d)  Subsection (c)(2) does not apply to a violation of 
    Subchapter D.        
    	(e)  A person may not be prosecuted for more than one offense 
    involving the same promotion, even if that promotion is mailed or 
    distributed to more than one person or is used at more than one 
    location. 
    
    Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, 1997.          
    
    
    	§ 40.122. DECEPTIVE TRADE PRACTICE.  A violation of this 
    chapter is a deceptive trade practice in addition to the practices 
    described by Subchapter E, Chapter 17,  and is actionable under that 
    subchapter. 
    
    Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, 1997.          
    

    Supreme Court Denies Hearing (Certiorari) on Yelp ISP Case Internet Defamation

    The Supreme Court of the United States has denied hearing (Certiorari) in January of this year on a case of internet defamation arising out of an online review on ISP provider Yelp out of California. In the matter (that proceeded though the California Court system all the way to the California Supreme Court), a law firm complained of an internet review on Yelp was defamatory where it was posted by a reviewer that the firm deserved less than one star.

    Yelp’s policy is to remove reviews that violate its terms of service and are defamatory. However, in this instance, Yelp did not agree that the review violated its terms of service and was defamatory. So, the review remained live (and still does). The Supreme Court of California, on a 4-3 decision, reversed the California Court of Appeals, First District, Division Four, left Yelp free to decide when to leave third-party statements on its website and when to remove them, citing that the court protects a law “intended to promote online discourse and industry self-regulation,” Chief Justice Tani Cantil-Sakauye.

    So, as for now, at least out of California, non-legal remedies may be the best way to approach handling poor review removal from the internet. Online reviews are clearly important to companies: for consumers under 55, almost 60% say that they “always” use online reviews in making purchasing decisions with another 34% report that they “sometimes” make reviews. BBB, February 14, 2019. “BB Trust Sentiment Index: 2017 Report.” So, getting assistance in this area if your business is being painted in a negative light is crucial for success.

    An Attorney experienced in this area can be critical–as sometimes it may take a different approach to help solve the problem. Please feel free to call Scutt Law, PLLC for a free consultation.

       

       

      Have You Suffered a Personal Injury? Injured Due to Someone’s Negligence?

      If you have been injured and are considering pursuing a personal injury claim, finding an attorney with experience handling personal injury claims is critical. It is essential to act fast on your matter. An experience Lawyer will do just that.

      Some of the common types of cases where people suffer personal injuries are:

      • Auto/18-wheeler/Company Truck/Motorcycle/Pedestrian Accidents
      • Premises Liability Cases (Slip and Fall, Trip and Fall, Negligent Activity)
      • Work Injuries
      • Dog Bite Cases

      As it is said, “memories fade.” So, gathering important evidence at the beginning of the matter is a must. That means making a police or incident report, taking photos of the scene of the incident and/or damaged property, talking to witnesses, and talking to authorities. Also, having your Lawyer move fast to get out letters of representation to handle all communications with all parties. Insurance companies move quickly to get recorded statements–and many cases can be damaged by not controlling information.

      It is important to take action in getting a Lawyer–so look for the following:

      • A Lawyer with experience handling cases like yours
      • A Lawyer that will focus on the case (ask the Lawyer how many cases they are handling–are you just a number?)
      • A Lawyer who has dealt with insurance companies and gone to trial
      • A Lawyer who has a demeanor that you can work with and trust

      At Scutt Law, PLLC we don’t want to be the biggest, we just want to be the best. You deserve personalized service and attention during your matter. Contact us now for a free consultation!

         

        INFORMATION ON SCUTT LAW, PLLC: Información general sobre nuestro Abogado

        Información general:

        Scutt Law, PLLC tiene experiencia en varias áreas de práctica:

        • Lesiones personales
        • Juicio civil
        • Derecho empresarial
        • Ley del consumidor
        • Propiedad intelectual

        Algunos de los asuntos representativos de la Sra. Scutt incluyen:

        • Reclamaciones por accidentes de vehículos
        • Procesamiento de demandas por lesiones contra una importante cadena hotelera.
        • Reclamaciones contra un importante fabricante de embarcaciones por un producto defectuoso.
        • Reclamaciones contra una importante concesionaria de automóviles basadas en supuestas prácticas comerciales engañosas
        • Formación de una serie LLC para una empresa de desarrollo inmobiliario y administración de propiedades
        • Defensa de una demanda de infracción de propiedad intelectual.
        • Formación de un negocio profesional.
        • Venta de una exitosa peluquería boutique.
        • Asuntos relacionados con acuerdos pre y post nupciales.

        Contáctanos hoy para discutir cómo podemos luchar celosamente por ti: Teléfono: (361) 463-9003 y 24/7 a través de nuestra página de contacto web. SE HABLA ESPAÑOL.

          CLICK TO CALL NOW!