Texas Deceptive Trade Practice Act

The DTPA grants broad consumer protection rights to individuals and businesses. It applies to consumer transactions involving fraud or misrepresentations such as the following:

• False advertising
• False or misleading billing practices
• Misleading agreements or contracts
• Contracts and agreements that take unfair advantage of a consumer
• Representing used goods as new
• Misrepresenting the quality or grade of a product or service
• Any representation regarding the source, sponsorship, approval, or certification of goods or services that is false, misleading or deceptive
• Disparaging or providing misleading information about the goods or services of another
• Advertising goods with no intent to sell them as advertised or without disclosing limitation of quantity
• Failure to disclose information that would cause a consumer not to purchase a product or service
• Taking advantage of a disaster by selling goods or services at inflated prices

Under DTPA, consumers must prove that they relied on the deception to their detriment and suffered financial loss. Before filing suit, they must first send a written demand letter to the seller letting them know what they want. If the seller does not remedy the situation within 60 days, a suit may be filed for damages.