The Texas Deceptive Trade Practices–Consumer Protection Act (DTPA) serves as the state’s primary consumer protection law. Its purpose is to safeguard consumers from false, misleading, and deceptive business practices, as well as unconscionable actions and breaches of warranty. Before the DTPA, many consumers had little recourse against dishonest businesses, as the cost of legal action often outweighed their financial losses.

What Constitutes a DTPA Violation?

DTPA cases can arise from nearly any consumer transaction. The law is designed to be broadly interpreted and applied. Common unlawful practices include:

• False advertising
• Deceptive billing practices
• Misleading agreements or contracts
• Contracts that take unfair advantage of consumers
• Representing used goods as new
• Misrepresenting product quality or grade
• Making false claims about a product’s source, certification, or approval
• Disparaging a competitor’s goods or services with misleading information
• Advertising goods without intent to sell as advertised or without disclosing quantity limits
• Failing to disclose important information that would impact a consumer’s decision
• Price gouging in times of disaster

Filing a Claim Under DTPA

To bring a successful claim under the DTPA, a consumer must prove they relied on deceptive practices to their detriment and suffered financial harm. Before filing a lawsuit, the consumer must send a written demand letter outlining their complaint and desired resolution. If the seller does not resolve the issue within 60 days, the consumer may proceed with legal action.

Potential Remedies & Damages

If a consumer wins a DTPA case, they may be entitled to:

• Economic damages (financial losses suffered)
• Mental anguish damages
• Court costs and attorney’s fees
• Interest
• Treble (triple) damages if the business acted knowingly

While many businesses strive to resolve consumer complaints before litigation, some disputes still end up in court. Having an experienced consumer law attorney can help maximize recovery and ensure fair treatment under the law.