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A BILL TO BE ENTITLED
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AN ACT
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relating to the cancellation of a dating service contract within a |
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certain period after execution of the contract. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 35, Business & Commerce |
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Code, is amended by adding Section 35.64 to read as follows: |
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Sec. 35.64. CANCELLATION OF DATING SERVICE CONTRACT. (a) |
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In this section, "dating service" means a service to arrange or |
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facilitate the social introduction of two or more persons for the |
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purpose of promoting the meeting of compatible individuals. |
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(b) A person may cancel a contract for dating service and |
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receive a full refund of the payments made under the contract by |
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sending, not later than midnight of the third business day after the |
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contract date, written notice of cancellation, accompanied by proof |
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of payment made under the contract, by certified mail to the dating |
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service provider's home office. A dating service provider who |
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receives notice under this subsection shall refund the payments |
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made under the contract not later than the 30th day after the date |
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notice is received. |
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(c) A contract for dating services must state in at least |
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10-point type that is boldfaced, capitalized, underlined, or |
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otherwise conspicuously distinguished from surrounding written |
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material: |
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(1) "NOTICE TO PURCHASER: DO NOT SIGN THIS CONTRACT |
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UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES." |
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(2) "IF YOU DECIDE YOU DO NOT WISH TO OBTAIN THIS |
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DATING SERVICE, YOU MAY CANCEL THIS CONTRACT BY MAILING TO THE |
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DATING SERVICE PROVIDER BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER |
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THE DAY YOU SIGN THIS CONTRACT A NOTICE STATING YOUR DESIRE TO |
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CANCEL THIS CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY |
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CERTIFIED MAIL TO THE FOLLOWING ADDRESS: |
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(Address of the dating service provider office)." |
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(d) A person may file suit against a dating service provider |
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if: |
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(1) the dating service provider violates this section; |
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and |
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(2) the dating service provider's violation causes |
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injury to the person. |
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(e) Venue for a suit filed under Subsection (d) is in a court |
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located in: |
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(1) Travis County; or |
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(2) the county in which: |
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(A) the dating service provider resides; |
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(B) the dating service provider's principal |
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place of business is located; |
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(C) the dating service provider is doing |
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business; |
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(D) the person filing suit resides; or |
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(E) the transaction that is the subject of the |
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suit occurred. |
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(f) In a suit filed under Subsection (d), a court may award |
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to the prevailing party: |
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(1) actual damages; |
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(2) equitable relief; |
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(3) punitive damages; or |
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(4) reasonable attorney's fees and court costs. |
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SECTION 2. Section 35.64, Business & Commerce Code, as |
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added by this Act, applies only to a contract executed on or after |
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September 1, 2007. A contract executed before that date is governed |
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by the law in effect when the contract was executed, and the former |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |