Texas § IN.541.263 - EFFECT OF SETTLEMENT OFFER

§ IN.541.263. EFFECT OF SETTLEMENT OFFER

EFFECT OF SETTLEMENT OFFER. (a) Damages may not be awarded to a class under this subchapter if, not later than the 30th day after the date the intended defendant receives notice under Section 541.255 , the intended defendant provides to the plaintiff by certified or registered mail, return receipt requested, a written settlement offer. (b) The settlement offer must include: (1) a statement that all persons similarly situated have been adequately identified or a reasonable effort to identify those persons has been made; (2) a description of the class identified and the method used to identify that class; (3) a statement that all persons identified have been notified that, on request, the intended defendant will provide relief to those persons and all others similarly situated; (4) a complete explanation of the relief being afforded; (5) a copy of the notice or communication the intended defendant is providing to the members of the class; (6) a statement that the relief being afforded the consumer has been or, if the offer is accepted by the consumer, will be given within a stated reasonable time; and (7) a statement that the practice complained of has ceased. (c) Except as provided by Subsection (d), an attempt to comply with this section by a person receiving a demand is: (1) an offer to compromise; (2) not admissible as evidence; and (3) not an admission of engaging in an unlawful act or practice. (d) A defendant may introduce evidence of compliance or an attempt to comply with this section for the purpose of: (1) establishing good faith; or (2) showing compliance with this section. Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.