Texas provides consumers with protection from false, deceptive or misleading business practices.
Our firm handles a variety of legal matters, Let’s talk about the Texas Deceptive Trade Practices Act, also known as the DTPA.
First, what is the purpose of the DTPA? The purpose of the DTPA is to protect consumers from false, misleading or deceptive acts.
What is a consumer under the DTPA? A consumer is any individual or an entity that seeks to acquire goods by purchase or lease. So it’s kind of a broad category in that sense.
The Deceptive Trade Practices Act provides a list of actions that are already considered false, misleading or deceptive. Examples of these acts include misrepresenting a product’s characteristics, lying about work performed on a product, and even misrepresenting a warranty or rights under that warranty.
Next is going to be, what might a consumer be entitled to as far as damages or remedies for any violation of the DTPA? The DTPA provides damages to a consumer for economic damages and mental anguish damages. In addition to the economic and mental anguish damages, a consumer might also be entitled to additional damages depending on whether or not any violation of the DTPA was done intentionally or knowingly.
Most of the DTPA cases are very fact-intensive and specific. Therefore if you believe you’ve suffered damages in violation of the DTPA, think about what of documents support your case and gather them together. You might even jot down a timeline or chronology of the events that took place leading up to the actions that you believe are a violation of the DTPA. Bring this information with you when you meet with an attorney.
If you believe that you have a consumer claim for a violation under the DTPA, please speak with an attorney as soon as possible to learn about the specific claims that may be brought in your circumstances, and also the damages that you may be entitled to.
Keep in mind that cases involving any violation of the DTPA must be filed within two years of the act, so speaking to an attorney as soon as possible is in your best interests.
