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 prerequisites.

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.


  • “They were able to complete it in a timely manner and were great at keeping me up to date with communication throughout the entire process. I highly recommend using this law firm if the need arises.”

    - Stephen P.
  • “Michael Bins has been extremely helpful in helping us to navigate a situation with an insurance claim on a commercial property. He’s gone above and beyond in moving our case toward a positive resolution that we’re satisfied with.”

    - Theo C.
  • “They know the law from every angle, dig deep, and will not accept anything less than what was asked in the original suit.┬áThe Potts team never backed down until the case was settled in full.”

    - Molly H.
IT'S ALL ABOUT OUR APPROACH Why We're The Best at What We Do

At Potts Law Firm, we believe the details of your case matter and we work tirelessly to pursue just compensation on your behalf. Our team of experienced attorneys and staff are backed with the resources they need to win regardless of the obstacles your case faces. We do this all while keeping an open line of communication with you.