Deceptive Trade Practices Act

Deceptive Trade Practices Act2018-05-29T08:21:56-06:00

Have you been harmed as a result of material misrepresentations made by a business selling you goods or services? The Deceptive Trade Practices-Consumer Protection Act, also called the Texas Deceptive Trade Practices Act (or “DTPA”), may have been violated. The goal of the DTPA is to protect Texas consumers from false, misleading, or abusive practices in certain consumer and business transactions.

In fact, the DTPA specifically provides that its underlying purposes “are to protect consumers against false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty…” Tex. Bus. & Com. Code §17.44(a).

Common examples of DTPA violations include:

  • Misrepresenting the condition of a product or service;
  • Failing to disclose a problem with a good or service that, if known, would make a consumer decide not to purchase it/them;
  • Representing used products as new;
  • Indicating that an item that is in need of repair is not;
  • False statements about the origin or manufacture of a good; and/or
  • Other false or misleading statements or abusive activities or practices.

There are many ways for a business to violate the DTPA, so if you believe you have been a victim of an act or practice that is prohibited by the DTPA, you should contact an attorney. Our firm reviews and evaluates potential DTPA cases at no cost (we offer free attorney consultations). While we cannot take on every potential client that calls, we welcome the opportunity to speak with you about your specific situation.

There are twenty-seven specific acts or practices deemed to be false, deceptive, or misleading under the DTPA. These enumerated violations are often called the “laundry list” and appear at Tex. Bus. & Com. Code §17.46(b).

For the DTPA to apply to a transaction a consumer must seek or acquire, by purchase or lease, goods or services. These are three distinct requirements. For the purposes of the DTPA, a consumer may be an individual, partnership, or corporation. However, there are additional limitations that apply, including limitations based on the assets a business consumer has (does not apply to businesses with greater than $25 million in assets) and the size of a transaction (certain large transactions are exempt from the scope of the Act). Most DTPA plaintiffs are individuals, but we welcome the opportunity to review business consumer cases as well.

To learn more about how we can help with with your case concerning the Texas Deceptive Trade Practices Act (or “DTPA”), contact us today.