As a Texas resident, you may have been the victim of what you considered false, misleading, and deceptive business and insurance practices. Perhaps a Texas company you were doing business with breached its warranty or committed an outrageous business practice.
What can you do? Luckily, Texas has enacted the Deceptive Trade Practices – Consumer Protection Act (“DTPA”) which outlaws certain practices that deceive customers. If you believe you are the victim of a deceptive trade practice, it would behoove you to consult immediately with a San Antonio and greater Texas consumer fraud attorney .
The DTPA allows for both public enforcement and private civil resolution. The Texas Attorney General can seek a court order preventing the particularly deceptive practices, while you as an individual have a right to have your grievances addressed in a court of law.
What types of consumer transactions does the DTPA apply to ? The answer is a very broad spectrum of goods and services. “Goods” include tangible things or property that are purchased or leased for use would be covered, while “Services” include any type of work that your purchase or lease. The DTPA however does not apply to professional services involving advice such as for example a lawyer. (Darn!)
The DTPA often used the magic word “unconscionable” to describe particular actions. “Unconscionable” means an action that serves to take advantage of a consumer’s lack of knowledge to a grossly unfair degree. Here are some typical actions that would be covered under the DTPA: a) an unnecessary $100 car repair; b) a homeowner buying a home in San Antonio or greater Texas ; c) a business buying a million dollar corporation; and d) buying a LEMON car. The DTPA can be used from the consumer sale to a large business transaction.
Consumer fraud is a form of economic personal injury and you should consult with a a San Antonio and greater Texas consumer fraud lawyer immediately if you believe you have been the victim of fraud. Chances are you are not alone!