§ 541.263 — EFFECT OF SETTLEMENT OFFER.

Texas § 541.263

• Jurisdiction: Texas
• Code IN: Insurance Code

Text

Sec. 541.263. 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.

Legislative History

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.