What Are the Elements of DTPA in Texas?
The Texas Deceptive Trade Practices Act (DTPA) is defined in Chapter 17 of the Texas Business and Commerce Code. The DTPA protects consumers from misleading or deceptive business practices. The DTPA defines a consumer as any individual, partnership, or corporation who seeks goods or services via purchase or lease.
Although the DTPA protects consumers from fraudulent business practices, many people fail to take legal action because they aren’t sure what classifies an unlawful business practice. Attorneys Randy Akin and Greg Burton, of G.R. Akin, P.C., in Longview, TX, explain the elements of DTPA in Texas so consumers know when to consider filing a legal claim.
Breach of Warranty
Breach of warranty is one of the unlawful business acts proscribed by the DTPA. Breach of warranty refers to situations where a business offers false promises or misleading representations of its products or services. Consumers often assume that a breach of warranty must involve a failure to uphold a written notice. However, a breach of warranty also applies to verbal or implied promises.
Unconscionable Acts
Under the DTPA, unconscionable acts are ones that create a grossly one-sided transaction in favor of the seller. If a business uses deceptive practices that take advantage of a consumer’s lack of knowledge or experience, it falls under the realm of unconscionable acts defined by the DTPA.
False, Misleading, or Deceptive Acts
The third category of unlawful business practices set out by the DTPA is the most inclusive. False, misleading, or deceptive practices include misrepresenting goods or services, mislabeling products, and taking advantage of consumers during a disaster. This category of fraudulent behavior allows for broad interpretation, which may apply to a comprehensive range of deceptive business practices.
Meeting the Elements of a Legal Claim Under the DTPA
A consumer subjected to unlawful business practices may have grounds to file a personal injury or business litigation claim under the DTPA. To substantiate a DTPA claim, consumers must establish a few key elements.
- The plaintiff is a consumer as defined by the DTPA
- The defendant committed one of the abovementioned unlawful business practices as proscribed by the DTPA
- The defendant’s actions resulted in harm and mental or financial damages for the plaintiff
Consumers in the Longview area who meet the elements of a civil claim under the DTPA can work with our attorneys to pursue compensation for damages. Potential damages in a DTPA claim include monetary compensation for financial losses, emotional losses, and legal fees. Businesses may also be held accountable via punitive damages, a court injunction, a restoration order, or revocation of their business license.
Get In Touch Today
The attorneys at G.R. Akin, P.C., understand the rights provided to consumers under the Texas Deceptive Trade Practices Act. If you have suffered mental or emotional losses related to unlawful business practices, our lawyers can help you consider your legal options. To discuss the details of your case with Randy Akin and Greg Burton, send us a message online or call our Longview law firm at (903) 297-8929.
