DTPA stands for Texas Deceptive Trade Practice Act (the “Act”), which was codified in Chapter 17 of the Texas Business and Commerce Code. This act was codified in order to “protect consumers against false, misleading, and deceptive business practices, unconscionable actions, and breach of warranty, and to provide efficient and economical procedures to secure that protection.” The Texas DTPA statute allows a consumer to file suit against “any person whose false, misleading, or deceptive acts, or other practices cause the consumer’s harm. As a prerequisite to filing, a consumer must give written notice to the person against whom the consumer is claiming deceptive acts at least 60 days prior to filing suit advising the person in reasonable detail of the specific complaint and amount of damages, including attorneys fees reasonably incurred.
What is a consumer?
Under the DTPA, a plaintiff must qualify as a consumer to bring a claim. “A consumer is an individual, partnership, corporation, the state of Texas, or a subdivision or agency of the state of Texas, who seeks or acquires by purchase or lease any goods or services.” In order for a consumer to establish themselves as such, they must show (1) that they sought or acquired goods or services by purchase or lease, and (2) that the goods or services form the basis of the DTPA complaint.
The Laundry List
Texas Business and Commerce Code lays out a “laundry list” of examples that constitute “false, misleading, or deceptive acts or practices” that are violations of the Act. Thirty-four items are included in this non-exclusive laundry list. For reference as examples, the first five items on that list are:
(1) passing off goods or services as those of another;
(2) causing confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods or services;
(3) causing confusion or misunderstanding as to affiliation, connection, or association with, or certification by, another;
(4) using deceptive representations or designations of geographic origin in connection with goods or services;
(5) representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities which they do not have or that a person has a sponsorship, approval, status, affiliation, or connection which the person does not;
DTPA Claims Under Other Statutes
According to Dorsaneo, Texas Litigation Guide, “the number of statutes that provide that their violation, or a violation of some of their provisions, constitutes a deceptive trade practice is constantly growing.” One need not only bring a DTPA claim under the DTPA statute. Violations of other statutes may give rise to claims under the DTPA statute, however a plaintiff may not recover actual damages and penalties under the DTPA as well as damages under another statute for the same acts. This makes sense, as plaintiffs should not be allowed to “double-dip” their claims.
If you believe you may have a claim under the Deceptive Trade Practices Act, please contact us to schedule a consultation with an attorney.
Nacol Law Firm P.C.
Dallas Litigation Attorneys
Call (972) 690 -3333
Disclaimer: The information provided in this article is in no way intended to constitute legal advice. The information provided is merely an overview of the relevant law. Do not act on this information. Always consult an attorney for legal advice.