What is the Texas Deceptive Trade Practices Act?
The Texas DTPA was set in place to protect consumers from false, misleading, or abusive practices in the field of business and commerce. Examples of these practices include:
- Misrepresenting the quality of a product
- Coercive or high-pressure tactics in sales and collection efforts
- Failing to deliver services as promised
- Charging hidden or excessive fees
- Taking advantage of emergency situations
- Using unfair contract terms
If you’re considering filing a DTPA lawsuit against a business in Texas, contact Sears Crawford today. Our experienced attorneys will review your case and help you determine if you have grounds to file suit under the DTPA.
Additional consumer protections under the DTPA
In addition to the protections against deceptive trade practices, the DTPA also provides consumers with certain additional rights and protections. For example, if you buy a product or service that turns out to be defective, you may have a right to receive a refund or compensation for your damages. A prime example of this is the Texas Lemon Law. The Texas Lemon Law covers new vehicles that have a serious defect that affects the vehicle’s safety, value, or use.
Additional consumer protections under the Texas Deceptive Trade Practices Act that protect consumers specifically from unfair advertising include:
- Bait and switch advertising
- Using untrue endorsements
- Untrue statements about manufacturing or materials used
- Lying about the abilities of a product or service
- Spreading false information about another company
So, can you sue for false advertising in Texas? Yes, you absolutely can. However, as laid out above, the Texas Deceptive Trade Practices Act covers more than just false advertising. It prohibits a wide variety of business practices that are deceptive, false, or misleading.
What must a consumer prove in a DTPA lawsuit?
In order to win your case and recover damages, there are certain elements that you, as the consumer, must be able to prove:
- The offender knew that their actions were false, misleading, or abusive AND intended for their actions to cause harm
- The deceptive conduct occurred during a business transaction
- You relied on deceptive conduct in order to make your decision to enter into the business transaction
- You must have been harmed by the deceptive conduct of the offender
If you can prove all of these elements, then you may be able to recover damages for any losses that were incurred as a result of the deceptive trade practice.
Why you need a Texas Deceptive Trade Practices Act lawyer
If you’ve been harmed by deceptive trade practices, it’s important to hire an experienced DTPA attorney in Houston who can help you navigate the legal process and recover the compensation you deserve. The Texas Deceptive Trade Practices Act is a complex law with many different provisions, and it can be difficult to understand and interpret without the help of a knowledgeable attorney.
At Sears Crawford, our experienced DTPA attorneys have a thorough understanding of the law and can help you build a strong case to recover damages. We will investigate the facts of your case, collect evidence, and work with expert witnesses to build a strong DTPA claim on your behalf.
If you believe that you have been the victim of a DTPA violation, schedule a consultation with our Houston commercial litigation attorneys. We will review your case and help you determine the best course of action moving forward.
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