Bara v. Major Funding Corp. Liquidating Trust
In Bara v. Major Funding Corp. Liquidating Trust, 876 S.W.2d 469 (Tex. App.-Austin 1994, writ denied), a case of first impression, the Austin Court of Appeals addressed the issue of "whether an action brought by the attorney general pursuant to the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) section 17.47 in response to consumer complaints tolls the running of the statutes of limitations on the consumers' individual claims." Bara, 876 S.W.2d at 471.
Acknowledging that "the interests presented . . . are closely akin to the interests presented in class action litigation," and after examining "the body of law governing class actions" as it related to "the running of the statute of limitations for all members of the class," the Bara court concluded that:
"in situations in which the attorney general files suit under section 17.47 of the DTPA on behalf of a specified group of individuals, that suit qualifies as a de facto class action and the statute of limitations is tolled during the period in which the individuals are participants in the attorney general's suit." See id. 471-73.