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.
The intended purpose of the DTPA is to protect consumers against:
As an Austin consumer protection attorney can attest, the DTPA is liberally construed in favor of the consumer and broadly applied.
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.
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:
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:
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.
Consumers should be able to rely on the representations made by businesses when purchasing goods or services. When a business engages in fraud, deceptive practices, false advertising, or other unlawful conduct, Texas law may provide important remedies under the Deceptive Trade Practices Act (DTPA) and other legal theories.
Nunis & Associates represents consumers in significant disputes involving deceptive business practices, misrepresentations, defective products and services, construction-related claims, and other matters where businesses have failed to honor their legal obligations.
Texas law provides consumers with important protections when purchasing goods or services. These rights are designed to ensure fairness, transparency, and safety in the marketplace, including:
The Texas DTPA is one of the primary consumer protection statutes in Texas. Depending on the circumstances, it may provide consumers with remedies when businesses engage in false, misleading, or deceptive acts or practices. Every case depends on its specific facts, and not every dispute qualifies as a DTPA claim.
To bring a claim under the DTPA, a person must qualify as a “consumer” meaning that they sought to or acquired goods or services by purchase or lease.”
Every consumer dispute is different. Before recommending litigation, we carefully evaluate the facts, available evidence, potential damages, and whether pursuing a lawsuit is likely to provide a meaningful benefit to the client in light of the anticipated costs and risks.
We intentionally accept a limited number of consumer protection matters so that every client receives direct attorney involvement and individualized attention throughout the case.
Consumer disputes often involve important deadlines, preservation of evidence, and decisions that may affect your legal rights. If you believe a business has engaged in deceptive practices or fraud, it is often helpful to seek legal advice before attempting to resolve the dispute on your own.
We understand that not every consumer dispute justifies litigation. Our first priority is helping clients determine whether pursuing a claim makes practical and economic sense.
If we believe litigation is appropriate, we develop a strategy focused on protecting our client’s interests while seeking an efficient and practical resolution whenever possible.