Does Latest Ted Cruz Mailer Violate Texas Law
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FOR IMMEDIATE RELEASE – February 8, 2016 CONTACT: Phillip Martin, (512) 473-4140, [email protected]
Progress Texas Files Official Complaint against Ted Cruz Mailer That Appears to Violate Texas Law Cruz Solicitation for Presidential Campaign Appears to Break Texas’ Deceptive Trade Practices Act (TEXAS) – Today, Progress Texas filed an official complaint with the Texas Attorney General’s Consumer Protection Division about a fundraising solicitation that comes from Senator Ted Cruz’s presidential campaign. “It’s a dirty trick at best and illegal at worst,” said Phillip Martin, Deputy Director of Progress Texas. “We filed the complaint because no candidate is above the law, not even Ted Cruz. His campaign has been up to a number of dirty tricks this year, and the people of Texas deserve to know exactly what he is up to.” The latest solicitation, which was shared with us by a Texas voter who received it, is designed to look like it comes from Sen. Cruz’s official Senate office and promises “check enclosed” on the outside. However, the mailer actually asks the recipient to mail a check back, as part of a “matching program.” In 2015, State Representative Gene Wu (D-Houston) passed a bill, signed into law by Gov. Greg Abbott, expanding Texas’ Deceptive Trade Practices Act in order to ensure that consumers were not confused by these types of deceptive mail pieces. “This is the kind of mail my legislation was trying to prevent,” said Rep. Wu. “It certainly breaks the spirit of the law, and I agree that the Texas’ Consumer Protection Division should look into whether or not it breaks the letter of the law, as well. Texas consumers should not be tricked into sending anyone their money, especially to elected officials.” A copy of the mail in question, along with a brief memo describing Rep. Gene Wu’s legislation as well as the official complaint filed by Progress Texas, is attached. ProgressTexas is a grassroots organization promoting progressive ideals in Texas and supported by more than 100,000 active subscribers in Texas. Learn more at www.ProgressTexas.org.
BACKGROUND In 2015, State Representative Gene Wu (D-Houston) passed House Bill 1265 (Source), requiring that any businesses sending out fake checks meet certain criteria to ensure consumers were not tricked into sending money they are not required to send. Specifically, the law prohibited: delivering or distributing a solicitation in connection with a good or service that resembles a check or other negotiable instrument or invoice, unless the portion of the solicitation that resembles a check or other negotiable instrument or invoice includes the following notice, clearly and conspicuously printed in at least 18-point type: "SPECIMEN-NON-NEGOTIABLE"; Texas Business & Commerce Code, Section 17.46 (b)(29) The solicitation from Ted Cruz fails to meet specific guidelines laid out in Rep. Wu’s bill, which was signed into law by Governor Greg Abbott on June 19, 2015.
Progress Texas Files Official Complaint against Ted Cruz Mailer That Appears to Violate Texas Law Cruz Solicitation for Presidential Campaign Appears to Break Texas’ Deceptive Trade Practices Act (TEXAS) – Today, Progress Texas filed an official complaint with the Texas Attorney General’s Consumer Protection Division about a fundraising solicitation that comes from Senator Ted Cruz’s presidential campaign. “It’s a dirty trick at best and illegal at worst,” said Phillip Martin, Deputy Director of Progress Texas. “We filed the complaint because no candidate is above the law, not even Ted Cruz. His campaign has been up to a number of dirty tricks this year, and the people of Texas deserve to know exactly what he is up to.” The latest solicitation, which was shared with us by a Texas voter who received it, is designed to look like it comes from Sen. Cruz’s official Senate office and promises “check enclosed” on the outside. However, the mailer actually asks the recipient to mail a check back, as part of a “matching program.” In 2015, State Representative Gene Wu (D-Houston) passed a bill, signed into law by Gov. Greg Abbott, expanding Texas’ Deceptive Trade Practices Act in order to ensure that consumers were not confused by these types of deceptive mail pieces. “This is the kind of mail my legislation was trying to prevent,” said Rep. Wu. “It certainly breaks the spirit of the law, and I agree that the Texas’ Consumer Protection Division should look into whether or not it breaks the letter of the law, as well. Texas consumers should not be tricked into sending anyone their money, especially to elected officials.” A copy of the mail in question, along with a brief memo describing Rep. Gene Wu’s legislation as well as the official complaint filed by Progress Texas, is attached. ProgressTexas is a grassroots organization promoting progressive ideals in Texas and supported by more than 100,000 active subscribers in Texas. Learn more at www.ProgressTexas.org.
BACKGROUND In 2015, State Representative Gene Wu (D-Houston) passed House Bill 1265 (Source), requiring that any businesses sending out fake checks meet certain criteria to ensure consumers were not tricked into sending money they are not required to send. Specifically, the law prohibited: delivering or distributing a solicitation in connection with a good or service that resembles a check or other negotiable instrument or invoice, unless the portion of the solicitation that resembles a check or other negotiable instrument or invoice includes the following notice, clearly and conspicuously printed in at least 18-point type: "SPECIMEN-NON-NEGOTIABLE"; Texas Business & Commerce Code, Section 17.46 (b)(29) The solicitation from Ted Cruz fails to meet specific guidelines laid out in Rep. Wu’s bill, which was signed into law by Governor Greg Abbott on June 19, 2015.
