In 1973, the Texas legislature enacted the Texas Deceptive Trade Practices- Consumer Protection Act or DTPA. This act was designed to protect consumers against false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty and to provide efficient and economical procedures to secure such protection[1]. The DTPA provides public enforcement and private remedies for consumers who have been adversely affected by certain business implementations used to deceive customers. However, while the DTPA is a very broad piece of legislation that applies to most consumers; the act has established limits as to who can recover under the DTPA and for what causes.
A “Consumer” under the DTPA can be as an individual, partnership, or corporation, who purchases or lease any goods or services. Consumers are entitled to protection under the DTPA. The DTPA does not cover individuals, corporations or businesses with over $25 million dollars in assets. In addition, if a plaintiff sues under the DTPA, they are not required to prove that the defendant acted intentionally or knowingly in order to recover damages. However, a court may award treble damages if a defendant did act intentionally or knowingly.
The DTPA provides a variety of avenues allowing consumers to sue for deceptive and fraudulent actions against them. Among those avenues for recovery, the DTPA provides a “Laundry List” of actions have been created in section 17.46(b) of the Texas Business and Commerce Code. If a Defendant violated any one of those prohibited actions, then a consumer may recover damages resulting from a Defendant’s misleading or fraudulent behavior.
The attorneys at the Fomby Law Firm have extensive experience in using the DTPA to help our clients who have been cheated by a business or company. If you feel like you have been the victim of false, misleading or deceptive business practices, please call the Fomby Law Firm at 281-846-4229.
[1] Sec 17.44 Texas Business and Commerce Code
