DTPA and Consumer Law
The Texas Deceptive Trade Practices Act, DTPA, protects Texas consumers
from fraudulent business practices. The law encourages victims of dishonest
companies to file lawsuits. The Texas legislature saw the need for a consumer
protection act because many people were resigned to swallowing their losses
after being cheated by a business. Before the enactment of the law, victims
knew that in most cases pursuing legal action against unscrupulous companies
would cost more than they had lost.
Frequently Asked Questions
How does DPTA help consumers?
Under DPTA, a consumer may be entitled to double or triple compensation.
The act also requires guilty defendants to pay the consumer’s legal
fees. With these two stipulations, even victims who lose a relatively
small amount of money may find it worth their while to pursue a lawsuit
knowing legal fees won’t exceed losses. The Potts Law Firm attorneys
will listen to your case and help you determine the damages you could
win under DTPA.
What are the elements of a DTPA Case?
Before plaintiffs can file a lawsuit under this act, there are several
Consumer attorneys can help you understand the law, but here is an overview
of what a plaintiff needs for a successful case:
- A plaintiff has to meet the statute’s definition of a being a consumer.
- A defendant has to be guilty of at least one of the deceptive practices
as defined in the law.
- A plaintiff has to have believed the misleading information and suffered
losses because of it.
- A defendant’s false claim or misleading act resulted in a financial
loss for the plaintiff.
There are 25 deceptive practices in the statute that a plaintiff can use
to get additional remedies or damages. At The Potts Law Firm, we can help
you understand if you are entitled to bonus damages or if any of the 25
practices apply to your case.
How do I pursue a lawsuit?
To file a DTPA claim, a consumer must send a letter to a business. The
letter needs to state what the plaintiff wants. The business or defendant
has 60 days to respond to the demands. It’s important to craft the
demand letter with the appropriate notice because without that condition,
a defendant has the right to a 60-day suspension beginning at the time
of his choosing. To have the best chance of winning your case, consult
the consumer attorneys at The Potts Law Firm.
The DPTA is designed to help you if you’ve been defrauded by a business,
and the consumer attorneys at The Potts Law Firm can help you build a
case. Contact our team today by calling
(888) 420-1299 to learn more.