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Deceptive Trade Practices

Texas provides protection for consumers who have suffered from deceptive conduct by a business through the Texas Deceptive Trade Practices Act (DTPA). Because many consumers rely on salespeople and/or advertising to make purchase decisions, it is important that those representations are true and not misleading. When companies are dishonest about what they are selling, consumers can be left high and dry with products that fail to live up to their expectations. This cause of action provides consumers with significant legal leverage to deter false, misleading, and deceptive business practices, along with unconscionable actions, and breaches of warranty in trade or commerce.

Under the Texas DTPA, consumers are protected against “false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty.” This means any vendor using false statements or misleading advertisements to promote products and/or services is breaking the law.

How The Texas DTPA Protects Consumers

Because individuals and businesses are not always honest, the DTPA was put in place to help safeguard consumers against companies using deceptive practices. The DTPA protects consumers from a variety of situations including:

  • Price gouging after an emergency or natural disaster
  • Making false statements about a competitor
  • Claiming a used product is new
  • Obscuring needed replacements or repairs
  • Lying about endorsements of a product or service
  • Taking advantage of language difficulties, particularly speaking English as a second language
  • Taking advantage of a consumer’s lack of knowledge


What To Know If You’ve Been A Victim

While the government may file charges against a company violating the DTPA, consumers also have the right to file civil lawsuits. Consumers are entitled to receive compensation for the product or service in question, and can receive compensation if they sustained injuries because of the deception. Anyone who has been a victim of deceptive trade practices should immediately contact an attorney. An attorney will be able to determine the best course action to help you get the compensation you are entitled to.

Most importantly, the DTPA mandates companies found guilty of violating the DTPA must pay the victims’ attorneys’ fees. This means filing a DTPA lawsuit does not cost the consumer anything if he or she is successful.

Walston Bowlin: DTPA Lawyers

At Walston Bowlin, our DTPA lawyers help victims of deceptive trade practices. Taking on a large company may seem intimidating on your own, but our lawyers have over 30 years of combined experience standing up for consumers. Contact us today to schedule a consultation.

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