DTPA and Consumer Law
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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. 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.
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.
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.
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.