The Deceptive Trade Practices Act (DTPA) is Texas’s primary consumer protection statute. 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.
It is found in the Texas Business and Commerce Code and states the following as laundry list violations.
Sec. 17.46. DECEPTIVE TRADE PRACTICES UNLAWFUL. (a) False, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful and are subject to action by the consumer protection division under Sections 17.47, 17.58, 17.60, and 17.61 of this code.
(b) Except as provided in Subsection (d) of this section, the term “false, misleading, or deceptive acts or practices” includes, but is not limited to, the following acts… the list can be found here http://www.statutes.legis.state.tx.us/Docs/BC/htm/BC.17.htm
- 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.
Our firm handles DTPA actions and consumer causes of action, let us help you get justice.
Alex R. Hernandez Jr. handles DTPA actions
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