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Texas Deceptive Trade Practices Act 

The Texas Deceptive Trade Practices Act ("DTPA"), exists to provide protection for consumers against false, misleading and deceptive business practices, unconscionable actions, and breaches of warranty. 

Under the DTPA, there are more than two dozen prohibited actions (the "laundry list") that can allow for a consumer to seek for damages. Some of the potential violations include:

 

  • A seller who takes advantage of a consumers lack of knowledge, ability, experience or capacity to a grossly unfair degree.

  • The failure to disclose information concerning goods or services known at the time of the transaction and was used to induce the consumer into a transaction whom otherwise would not have entered had the information been disclosed.

  • Passing off goods or services as those of another.​

  • Representing that goods are original or new if they are deteriorated, reconditioned, reclaimed, used, or second-hand.

  • Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another.

  • Explicit or implicit representation that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities which they do not have or that a person has a sponsor, approval, status, affiliation, or connection which he does not​.

  • Disparaging the goods, services, or business of another by false or misleading representation of facts.

  • Promoting a pyramid promotional scheme, as defined by Section 17.461 

  • Taking advantage of a disaster declared by the governor under Chapter 418, Government Code, by:

(A) selling or leasing fuel, food, medicine, or another necessity at an exorbitant or excessive price;  or

(B) demanding an exorbitant or excessive price in connection with the sale or lease of fuel, food, medicine, or another necessity.

  • Representing that an agreement confers or involves rights, remedies, or obligations which it does not have or involve, or which are prohibited by law.

  • Knowingly making false or misleading statements of fact concerning the need for parts, replacement, or repair service.

  • Misrepresenting the authority of a salesperson, representative, or agent to negotiate the final terms of a consumer transaction.

  • Disconnecting, turning back, or resetting the odometer of any motor vehicle so as to reduce the number of miles indicated on the odometer gauge.

  • Representing that work or services have been performed on, or parts replaced in, goods when the work or services were not performed or the parts replaced.

The full text of the statute can be found here: https://statutes.capitol.texas.gov/Docs/BC/htm/BC.17.htm

 

These are only a few of the various violations that allow a consumer to seek, in some cases, 3X damages as, compensation under the Texas Deceptive Trade Practices Act. Having legal counsel can be a tremendous benefit when taking action in order to receive maximum compensation under the law. As a dedicated consumer lawyer with more than a decade of experience, Trista Johnson has succeeded in achieving positive outcomes for her clients. Find out now if your situation may allow for compensation with a free consultation.