Dallas & Texas Deceptive Trade Practices Act Lawyers
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.
My wife and I thought we were heading into a complicated legal odyssey with a destroyed commercial property until we hired Bill Kendall. His sustained focus and hard work was so effective that we had a great settlement within hours of the first deposition.F. Jones - Multi-Family Property Claim (Dallas, TX)
Our large hotel was severely damaged by hail. After significant delays by the insurance company, our claim was denied. We hired Bill Kendall and Grisham & Kendall soon after. Through Bill’s efforts during our lawsuit, we were able to reach a favorable settlement close to trial. We would certainly recommend Grisham & Kendall, PLLC to any property owner whose insurance company isn’t treating them fairly.D. Patel - Hotel Hail Claim
Deceptive and False Practices
The DTPA identifies the following prohibited conduct, among other actions, as false, misleading, or deceptive acts or practices:
- Representing that goods or services have characteristics or benefits which they do not have
- Representing that goods or services are of a particular standard, quality, or grade when they are of a lower quality
- Representing that an agreement confers or involves rights, remedies, or obligations which it does not have or involve
- Representing that a guarantee or warranty confers or involves rights or remedies which it does not have or involve
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.
Damages Available Under the DTPA
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.
Contact a Dallas & Houston, Texas Consumer Law Protection Attorney
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.
Deceptive Trade Claims
When two organizations enter into a business agreement, they do so based on their organization’s needs and the offer of goods or services from the other business. When one of the organizations does not abide by the terms of the agreement or fails to uphold their end of the deal as promised, they may be guilty of deceptive trade, and the other business may suffer as a result. That is why many businesses choose to buy insurance to cover themselves in these types of situations. However, some insurance companies may fail in their own duty to provide the coverage when it is needed.
If your business suffered due to a deceptive trade claim and your insurance company is underpaying or denying your claim, the Dallas deceptive trade attorneys of Grisham & Kendall, PLLC, may be able to help you obtain the payment you need. To learn more about your legal options, contact an attorney today at (214) 308-2027 .
Types of Deceptive Trade
Deceptive trade practices are sometimes referred to as consumer fraud. Types of consumer fraud which are usually covered by insurance include:
- Bait and switch in advertisements
- Making outright false claims in advertisements
- Claiming endorsements of their products which are untrue
- Lying about the manufacturing process or materials used in a product
- Lying about the abilities of the product
Businesses that rely on the products of other manufacturers or marketers can run into serious financial trouble when those businesses act in a deceptive manner. It is for this reason that it is important for insurance providers to stand by the terms of their coverage when a business needs to recover from losses due to these deceptive practices.
Commercial Litigation Help
Anytime an insurance company refuses to pay a claim or underpays a claim, it can be extremely frustrating and damaging to a business. If your insurance company has refused to make appropriate payments on your insurance claim, contact Grisham & Kendall, PLLC today at (214) 308-2027 .