Austin Consumer Protection Attorney - GavelThe 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.

Consumer Protection / DTPA

Protecting Consumers from Fraud and Deceptive Business Practices

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.

Common Consumer Protection Claims

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:

  • False or misleading representations
  • Failure to disclose important information
  • Breach of warranty
  • Deceptive sales practices
  • Fraudulent inducement
  • Defective products or services
  • Home improvement and construction fraud
  • Business misrepresentations

Texas Deceptive Trade Practices Act (DTPA)

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.”

Our Approach

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.

Remedies Available Under Texas Law

Depending on the facts of the case, Texas law may allow recovery of actual damages, attorney’s fees, and, in appropriate circumstances, additional damages. Because every case is different, the remedies available will depend on the specific facts, the applicable law, and the evidence supporting the claim. As part of our evaluation, we discuss the potential remedies and the practical considerations involved before recommending litigation.

When Should You Contact an Attorney?

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.

Why Clients Choose Nunis & Associates

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.

Request a Confidential Consultation

If you believe you have been harmed by deceptive business practices, fraud, or other unlawful conduct, we invite you to request a confidential consultation. If your matter appears to fall within our practice, we will contact you to discuss the next appropriate step.
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Discuss Your Consumer Protection Matter with an Attorney.
Every inquiry is personally reviewed by an attorney. If your matter appears to fall within our practice, we will contact you to discuss the next appropriate step.