Section 17.42 - Waivers: Public Policy(a) Any waiver by a consumer of the provisions of this subchapter is contrary to public policy and is unenforceable and void; provided, however, that a waiver is valid and enforceable if:(1) the waiver is in writing and is signed by the consumer;(2) the consumer is not in a significantly disparate bargaining position; and(3) the consumer is represented by legal counsel in seeking or acquiring the goods or services.(b) A waiver under Subsection (a) is not effective if the consumer's legal counsel was directly or indirectly identified, suggested, or selected by a defendant or an agent of the defendant.(c) A waiver under this section must be:(1) conspicuous and in bold-face type of at least 10 points in size;(2) identified by the heading "Waiver of Consumer Rights," or words of similar meaning; and(3) in substantially the following form: "I waive my rights under the Deceptive Trade Practices-Consumer Protection Act, Section 17.41 et seq., Business & Commerce Code, a law that gives consumers special rights and protections. After consultation with an attorney of my own selection, I voluntarily consent to this waiver."
(d) The waiver required by Subsection (c) may be modified to waive only specified rights under this subchapter.(e) The fact that a consumer has signed a waiver under this section is not a defense to an action brought by the attorney general under Section 17.47.Tex. Bus. and Comm. Code § 17.42
Amended By Acts 1995, 74th Leg., ch. 414, Sec. 1, eff. 9/1/1995.Amended By Acts 1989, 71st Leg., ch. 380, Sec. 1, eff. 9/1/1989Amended By Acts 1987, 70th Leg., ch. 167, Sec. 5.02(6), eff. 9/1/1987Amended By Acts 1983, 68th Leg., p. 4943, ch. 883, Sec. 1, eff. 8/29/1983Amended by Acts 1981, 67th Leg., p. 863, ch. 307, Sec. 1, eff. 8/31/1981Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. 5/21/1973.