What Texans Need To Know About The DTPA
The Texas Deceptive Trade Practices Act (DTPA) can be a tricky subject for even the most experienced attorneys. Our law is specific for the needs of Texans, and involves tie-in provisions for other statutes as well as procedural hurdles that cannot be missed. As a firm dedicated to our clients’ rights, we want to help you come to an understanding of exactly what the law forbids.
Depending on the type of situation you find yourself, you may be wondering:
- if something you said or did constitutes a misrepresentation of fact–and you had no idea
- if something you were sold was defective and the person selling it to you was aware of this problem
- if someone hid vital information when completing a sale to you
- if you or the person bringing a claim against you even qualify as a consumer
- if the event in question happened within the applicable statute of limitation or will the discovery rule apply
At Yale, Weaver & Phillips in Denton, Texas, our 25+ years of litigation experience and no-nonsense advice give our clients the edge they need. Whether you are being accused of a deceptive practice or believe you have fallen victim to one, our attorneys have experience on both sides of the argument, providing advice and strategy beyond basic plaintiff or defense attorneys. No matter what position you are taking, we know what to look for, how to prepare, and what must be done to move your case forward.
Frequently Asked Questions About Texas Deceptive Trade Practices Act Claims
What is the DTPA?
The DTPA (formally known as the Texas Deceptive Trade Practices–Consumer Protection Act) is one of the strongest consumer protection laws in the country. It prohibits false, misleading, and deceptive business practices: misrepresenting what a product or service is, advertising one thing and delivering another, failing to disclose known problems, and taking advantage of consumers in unconscionable ways. It covers a long list of specific violations, and it applies to transactions large and small, like home purchases and repairs, professional services, and business-to-business deals under certain conditions. If a business told you something false to get your money, the DTPA is very likely the law that applies.
What Makes an Advertisement False or Misleading Under the DTPA?
False advertising is the heart of the DTPA:
- Goods or services advertised with characteristics, benefits, or qualities they don’t have
- “Sale” prices that were never real
- Promises made to induce a purchase and abandoned afterward
Proving these cases is about documentation: the ads, the listings, the sales conversations, the contract, and what was actually delivered. The gap between what was promised and what was delivered is your claim. We focus on substantial DTPA matters where the losses justify serious litigation, and we can tell you quickly whether your situation is one of them.
What damages are available (including treble damages)?
This is what gives the DTPA its teeth. A successful claimant can recover economic damages, as with any other lawsuit. But here, when the defendant acted knowingly, the court can award up to three times those damages, plus mental anguish damages in appropriate cases. The DTPA also provides for recovery of attorney’s fees, which changes the economics of pursuing a claim. The statute has specific pre-suit notice requirements and deadlines, so the worst thing you can do with a strong DTPA claim is sit on it. If you’ve suffered a significant loss from a deceptive business practice, have it evaluated now.
Call 940-222-8025, or you can use our online form to schedule a consultation with one of our lawyers.