(my highlights in red)
(1) "Goods" means tangible chattels or real property purchased or
leased for use.
(2) "Services" means work, labor, or service purchased or leased for
use, including services furnished in connection with the sale or repair
of goods.
(5) "Unconscionable action or course of action" means an act or
practice which, to a consumer's detriment, takes advantage of the lack
of knowledge, ability, experience, or capacity of the consumer to a
grossly unfair degree.
(6) "Trade" and "commerce" mean the advertising, offering for sale,
sale, lease, or distribution of any good or service, of any property,
tangible or intangible, real, personal, or mixed, and any other
article, commodity, or thing of value, wherever situated, and shall
include any trade or commerce directly or indirectly affecting the
people of this state.
(9) "Knowingly" means actual awareness, at the time of the act or
practice complained of, of the falsity, deception, or unfairness of the
act or practice giving rise to the consumer's claim or, in an action
brought under Subdivision (2) of Subsection (a) of Section 17.50,
actual awareness of the act, practice, condition, defect, or failure
constituting the breach of warranty, but actual awareness may be
inferred where objective manifestations indicate that a person acted
with actual awareness.
(13) "Intentionally" means actual awareness of the falsity, deception,
or unfairness of the act or practice, or the condition, defect, or
failure constituting a breach of warranty giving rise to the consumer's
claim, coupled with the specific intent that the consumer act in
detrimental reliance on the falsity or deception or in detrimental
ignorance of the unfairness. Intention may be inferred from objective
manifestations that indicate that the person acted intentionally or
from facts showing that a defendant acted with flagrant disregard of
prudent and fair business practices to the extent that the defendant
should be treated as having acted intentionally.
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