Promotional Material

If damages or civil penalties are assessed against the seller of goods or services for advertisements or promotional material in a suit filed under this chapter, the seller of the goods or services has a cause of action against a third party for the amount of damages or civil penalties assessed against the seller plus attorney’s fees on a showing that:

(a)The seller received the advertisements or promotional material from the third party; COL10/29/2021 CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION

(b)The seller’s only action with regard to the advertisements or promotional materials was to disseminate the material; and

(c)The seller has ceased disseminating the material.