Alex R. Hernandez Jr. handles Deceptive Trade Practices Act or DTPA matters in the areas of consumer protection, real estate, and construction law matters. The statute prohibits a list of deceptive trade practices deemed to be false, misleading or deceptive. The DTPA gives consumers the right to sue for damages. Consumers who win a suit brought under the DTPA, are entitled to attorney’s fees, and if they show the person acted “knowingly,” they can receive damages of up to three times their damages. Other consumer protections statutes tie in to the DTPA and allow consumers to sue under the DTPA for violation of those other statutes.
The Texas DTPA can be found in the Texas Business and Commerce Code Chapter 17.
As a prerequisite to filing a suit seeking damages under this Act, the consumer must send a registered or certified letter of written notice telling the seller what is wrong and asking for the amount of your damages. The notice must advise the seller in reasonable detail of the consumer’s specific complaint and the amount of damages. If the seller fails to send you the amount requested within 60 days of receiving your letter, a suit can be filed.
If a suit is filed, ask for the all of the damages incurred as a result of this deceptive trade practice.
The possible remedies include:
- Economic and mental anguish damages;
- An injunction;
- A restoration order;
- Revocation of a defendant’s license or certificate to do business;
- Court costs and attorney’s fees;
- Interest; or
- Any other relief that the court deems proper.
If you need a Texas DTPA lawyer call our law firm. We can advise you to see if you qualify under the Texas Deceptive Trade Practices Act and begin the prerequisites in filing a claim then a possible lawsuit. Call us 1-888-HDZ-LAW-8