Singleton v. Pennington

ON MOTION FOR REHEARING

GUITTARD, Chief Justice.

Defendant now raises for the first time the contention that the Deceptive Trade Practices Act cannot be properly applied to this case because it violates the Fourteenth Amendment to the United States Constitution and article I, sections 13 and 19, of the Texas Constitution. In particular, he argues (1) that section 17.46(a) of the Act is unconstitutionally vague because it has no definition of “false, misleading or deceptive acts or practices,” and (2) that the provision for treble damages, particularly for a seller who has not been guilty of bad…