The Texas Deceptive Trade Practices and Consumer Protection Act (DTPA) prohibits businesses and salespersons in Texas—many other states have their own consumer protection statutes—from committing trade practices that may be deemed false, misleading, or deceptive. Under the DTPA, a consumer has the right to sue for damages when violations of the statute have occurred. The DTPA provides that a consumer may bring suit against any person whose false, misleading, or deceptive acts or other practices identified by the DTPA have caused them harm.
The attorneys at Grisham & Kendall, PLLC have more than 20 years of experience protecting policyholder’s consumer rights. Companies have a responsibility to deal with consumers in a way that is fair and not misleading, and should be held accountable when they lie to the public.
The DTPA identifies the following prohibited conduct, among other actions, as false, misleading, or deceptive acts or practices:
Failing to disclose information concerning goods or services that could have negatively affected a consumer’s decision to purchase said goods or services
These dishonest trade practices are illegal under the DTPA, and businesses who engage in these underhanded tactics can be held accountable.
A successful plaintiff under the DTPA may recover economic damages (i.e., compensatory damages for pecuniary loss, including costs of repair and replacement) as well as court costs and necessary attorneys’ fees, and other appropriate relief. A defendant in violation of the DTPA who is found to have acted knowingly may be liable to the consumer for additional damages, including mental anguish damages, and up to three times the amount of economic damages. If the defendant intentionally violated the DTPA, a consumer may recover, in addition to the other available damages, mental anguish, and up to three times the amount of damage for mental anguish and economic damages.
If you believe you may have a valid claim under the Texas Deceptive Trade Practices Act, please call the Texas Consumer Protection lawyers of Grisham & Kendall, PLLC at (214) 308-2027 to discuss your case. We represent most of our clients on a contingency-fee basis and don’t charge for your initial consultation.