Consumers are vulnerable because they rely on manufacturers, retailers, and other parties engaged in commercial transactions to produce and sell products or provide services that safely perform as advertised. When a product or service fails, is defective, is not as represented, and causes financial and/or physical harm to a consumer, the manufacturer/seller may be liable under the Deceptive Trade Practices Act (the DTPA). For example, if you purchase a vehicle that is advertised and represented by the seller as new, and you later discover the vehicle was in fact used at the time of purchase, the seller violated the DTPA and you may have a legal claim against the seller and any other party who participated in the transaction. It is imperative to seek legal counsel from Austin consumer fraud lawyers for help with your claim. The DTPA is the Texas legislature’s response to consumer vulnerability. Under the DTPA, Section 17.44 of the Texas Business and Commerce Code “protect[s] consumers against false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty.” The statute also provides consumers with legal remedies against individuals and/or entities who violate the DTPA. Section 17.44 contains legal terms that are individually defined for better understanding:

The DTPA defines a consumer as an “individual, partnership, corporation, state, or a subdivision or agency of this state who seeks or acquires by purchase or lease, any goods or services.”

“False, misleading, and deceptive business practice” includes, but is not limited to, representing used goods as new, mislabeling goods (e.g. ingredients, uses, and/or benefits), and misrepresenting the condition/quality of goods or services.

An “unconscionable act” occurs when a commercial party unfairly exploits a consumer’s lack of knowledge or experience in a business transaction.

A breach of warranty arises when a manufacturer/seller misrepresents the condition of goods sold.

If you are a consumer who was deceived, exploited, or misled in a business transaction, please contact Nunis & Associates, Austin consumer fraud lawyers, to explore your legal options under the DTPA.

Bringing a Lawsuit Under the Deceptive Trade Practices Act

A consumer wishing to bring a lawsuit under the DTPA must follow legally mandated procedures prior to filing suit. Section 17.505 of the Texas Business and Commerce Code requires potential plaintiffs (parties who bring suit) to provide potential defendants (parties being sued) with written notice 60 days prior to filing suit, informing the party or parties of the consumer’s complaint and damages incurred. During the 60-day period, the consumer/plaintiff must make the subject product available for the defendant’s inspection upon written request. Once the 60 days has lapsed, the consumer may initiate the lawsuit by filing a Summons and Complaint, and related documents, in the court of jurisdiction, such as the county where the business transaction occurred. The DTPA provides a prevailing consumer/plaintiff with various legal remedies, including, but not limited to, economic damages (i.e. the amount of financial harm incurred), mental distress/anguish damages, and attorneys’ fees. Depending on the unique facts and circumstances of your case, you may be entitled to treble damages, or three times the amount of damages. Consumers should also be aware that if they dishonestly file a lawsuit, called “bad faith,” they will be liable for the defendant’s attorneys’ fees and court costs. Your attorney will thoroughly address and discuss with you the merits of your case. You can be confident that our firm’s Austin consumer fraud lawyers will prosecute your DTPA suit to the fullest extent.

Contact Austin Consumer Fraud Lawyers

The Deceptive Trade Practices Act is a complex and dense area of law. Mr. Nunis and his team of legal professionals are highly-experienced in all aspects of the DTPA. Our firm’s Austin consumer fraud lawyers possess the requisite knowledge and skill to successfully represent you in your DTPA action and obtain the maximum damages allowed under the law. Please contact Nunis & Associates at (512) 236-9696 to confer with one of our Austin consumer fraud lawyers regarding your potential DTPA lawsuit.

Texas Deceptive Trade Practices Act Consumer Protections

Consumer Protection

Practice Areas

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Overview

The Deceptive Trade Practices Act (DTPA) is a powerful law designed to protect the Texas consumer. As defined by an Austin consumer protection attorney, a consumer is anyone who seeks or acquires any goods or services by lease or purchase.

Purpose of the DTPA

The intended purpose of the DTPA is to protect consumers against:

False, misleading and deceptive business practices
Actions that are unconscionable
Actions that constitute breach of warranty

As an Austin consumer protection attorney can attest, the DTPA is liberally construed in favor of the consumer and broadly applied.

Prerequisite to Filing a Lawsuit

The DTPA requires the seller of the goods or services be given an opportunity to correct the issue the consumer is objecting to. This is accomplished by the consumer sending a registered or certified letter to the seller describing in reasonable detail the consumer’s specific complaints and the exact dollar amount of the consumer’s damages. The seller has 60 days from the date they received the letter to send the consumer the amount requested. If not, the lawsuit may proceed.

Damages Available Under the DTPA

When an Austin consumer protection attorney files suit on behalf of a consumer under the DTPA, there is a broad range of remedies available, such as:

Economic loss
Mental anguish
Injunctive relief
Suspension of the seller’s business license or permit
Court costs and attorney’s fees
Interest
Any other remedy the court considers to be in the interests of justice

Additional Damages

The court will consider the nature of the seller’s conduct when deciding on an award of damages. If your lawyer can prove either knowing or intentional conduct, the court may award:

Not more than three times the amount of economic damages for knowing conduct
Not more than three times the amount of economic damages and mental anguish damages for intentional conduct

Consumer Fraud and Statutory Fraud

In addition to protections afforded by the Deceptive Trade Practices Act, an Austin Consumer Protection Attorney can explain how fraud statutes can protect you and your business from certain conduct.

An Austin Consumer Protection Attorney Can Explain Fraud

In real estate and other business transactions, consumers are protected by a variety of laws aimed at preventing fraud. As a consumer protection attorney can explain, proof of fraud requires evidence that the defendant:

made a false or misleading statement about a material fact
made a false promise to do something
benefited from the false statement or promise

In some cases, a consumer may be entitled to recover exemplary damages in addition to compensation. Exemplary damages are aimed at deterring the wrongdoer for committing fraud in the future.

Contact an Austin Consumer Protection Attorney for Legal Advice

As a consumer you have rights. Be certain you are aware of and protect those rights. For an experienced and aggressive advocacy team, call an Austin Consumer Protection Attorney from Nunis & Associates at (512) 236-9696.

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