{"id":85,"date":"2019-06-05T02:33:26","date_gmt":"2019-06-05T02:33:26","guid":{"rendered":"http:\/\/callenderpllc.com\/?page_id=85"},"modified":"2021-04-27T18:02:09","modified_gmt":"2021-04-28T00:02:09","slug":"dtpa-tx","status":"publish","type":"page","link":"https:\/\/callenderlawfirm.com\/index.php\/practice-areas\/consumer-law-attorney\/dtpa-tx\/","title":{"rendered":"DTPA, Correcting Harm Caused by Deceptive Trade Practices"},"content":{"rendered":"\n

DTPA Texas<\/h4>\n\n\n\n

Title 2, Chapter 17 of the Texas Business & Commerce Code, commonly known as the \u201cDeceptive Trade Practices Act<\/em><\/strong>\u201d or \u201cDTPA<\/strong><\/em>\u201d, is the Texas consumer protection law. The legislative intent of the DTPA is that it \u201cshall be liberally construed to promote its underlying purposes, which are to protect consumers against false, misleading, and deceptive practices, unconscionable actions, and breaches of warranty and to provide efficient and economical procedures to secure such protection<\/em>\u201d. TEX. BUS. & COM. CODE \u00a717.44(a).<\/p>\n\n\n\n

If you are a consumer and harmed by:<\/p>\n\n\n\n

\u2022 False, misleading, or deceptive practices
\u2022 Unconscionable actions, or 
\u2022 Breaches of warranty<\/p><\/blockquote>\n\n\n\n

then, Callender Law<\/em><\/strong> can help you redress the harm suffered.<\/p>\n\n\n\n

For purposes of the DTPA, a “consumer” is an individual, partnership, or corporation who seeks or acquires by purchase or lease any goods or services that form the basis of the complaint. However, a business with $25 million or more in assets, or one that is owned or controlled by an entity with $25 million or more in assets, is not a “consumer” under the DTPA<\/strong>. An actual purchase is not necessary for consumer status<\/em>.<\/p>\n\n\n\n

The DTPA<\/strong> specifically provides that a consumer may maintain a DTPA action where any of the following constitute a producing cause of the consumer’s harm (economic or mental anguish):<\/p>\n\n\n\n

  1. the use or employment, by any person<\/strong><\/em>, of a false, misleading or deceptive act or practice that is (i) specifically enumerated in the laundry list [TEX. BUS. & COM. CODE \u00a717.46(b)], and (ii) detrimentally relied upon by the consumer;<\/li>
  2. breach of an express or implied warranty;<\/li>
  3. an unconscionable action or course of action by <\/em><\/strong>any person<\/strong><\/em>; or<\/li>
  4. use or employment, by any person<\/strong><\/em>, of an act or practice in violation of Chapter 541 of the Insurance Code. <\/li><\/ol>\n\n\n\n

    A consumer prevailing in an action brought under the DTPA<\/strong> shall be awarded reasonable and necessary attorney’s fees and court costs, and may obtain up to three times the economic and mental anguish damages. <\/p>\n\n\n\n

    Contact us\u00a0to schedule an appointment<\/a> <\/strong>and take the first step to resolve the matter. If we take your case, we will treat you fairly and respectfully, be your strongest advocate, and help you solve your legal issues in a cost effective manner.<\/p>\n\n\n\n