HOUSTON CONSUMER LAW ATTORNEY » Deceptive Trade Practice Act http://colebrookslaw.com/consumerlaw Published by J. Cole Brooks, Attorney & Counselor At Law Tue, 15 Dec 2009 05:51:53 +0000 http://wordpress.org/?v=2.8.4 en hourly 1 What is the Texas Deceptive Trade Practices Act? http://colebrookslaw.com/consumerlaw/2009/01/31/what-is-the-texas-deceptive-trade-practices-act/ http://colebrookslaw.com/consumerlaw/2009/01/31/what-is-the-texas-deceptive-trade-practices-act/#comments Sat, 31 Jan 2009 18:39:50 +0000 Administrator http://colebrookslaw.com/consumerlaw/?p=8 The Texas Deceptive Trade Practices Act “DTPA”. This is the basic consumer protection statute in Texas. It prohibits a laundry list of deceptive trade practices and gives consumers the right to sue for damages. It requires that consumers who win deceptive trade practice lawsuits be awarded their attorney’s fees and in some cases provides for damages of up to three times a consumer’s actual damages. Many of the other consumer protection statutes in Texas tie-in to the Deceptive Trade Practices Act and allow consumers to sue under the Act for violation of those statutes.

The full text of the DTPA can be found at section 17.41 of the Texas Business and Commerce Code. Specifically, section 17.46(b) of the Texas Business and Commerce Code contains a non-exclusive list of 25 prohibited acts. Some of the prohibited acts include:

* Passing off goods or services as those of another
* False representation
* False disparagement of goods or services of another business
* False advertising (in certain circumstances)
* Fraud by repairpersons (i.e. mechanic’s shops)
* False misrepresentation
* Motor vehicle Fraud
* False warranties
* Failure to disclose certain information in sales of goods and services
* False representation of business entity status
* Price gauging after a disaster

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