Have you ever purchased a consumer product that didn’t work the way it was advertised? Have you ever spent money for someone’s services, but the services that you paid for were never actually delivered?
If so, you are probably the victim of deceptive trade practices, and you have rights under federal and state law. A deceptive trade practice is a behavior by a person or business that is intended to mislead or trick consumers or businesses into purchasing a particular service, product, or real estate.
WHAT DOES THE TEXAS DECEPTIVE TRADE PRACTICES ACT DO?
All fifty states, including Texas, enforce some type of “Deceptive Trade Practices Act” as a form of consumer protection from false, unfair, abusive, and deceptive business practices.
Lawmakers in a number of states have adopted the Uniform Deceptive Trade Practices Act (UDTPA), a “model” law designed for state legislatures.
The UDTPA laws are intended to facilitate lawsuits or other remedies for parties that are “likely to be damaged” by deceptive trade practices and affairs.
WHAT ACTION CAN YOU TAKE AGAINST DECEPTIVE TRADE PRACTICES?
If you have been harmed or injured – physically, mentally, or financially – due to the deceptive trade practices of a specific individual or business, you should seek an attorney’s advice at once.
An experienced deceptive trade practices attorney from the Law Offices of Denise Adkison-Brown, PLLC will review your situation and explain how Texas state laws and statutes apply to your own case. We can even help draft a demand letter to the negligent party.
If a business has harmed you and has violated the law, you may be able to take legal action, and you may be legally entitled to receive compensation and damages for the harm that you’ve suffered.
WHAT CONSTITUTES A DECEPTIVE TRADE PRACTICE?
What are some examples of deceptive trade practices? Deceptive trade practices include but are in no way limited to:
- falsely representing the benefits, source, sponsorship, certification, characteristics, or quantities of a service, product, or real estate
- representing a product as new or original when it is used, reclaimed, or reconditioned
- falsely telling a consumer that repairs, replacements, or other services are required
- advertising services or products with no intention of selling them as advertised or with the intention to not have adequate stock to meet the expected demand
- turning back, disconnecting, or resetting an odometer on a vehicle for sale
- representing “knock-off” merchandise as authentic merchandise
- refusing to honor the warranty on a consumer item
If you purchase products or services that are not what you were told they were at the time of purchase, if your warranty is ignored, or if a salesperson or a business illegally took advantage of you, contact our firm at once and speak to a qualified deceptive trade practices attorney.
WHO MAY TAKE LEGAL ACTION AGAINST DECEPTIVE TRADE PRACTICES?
Breach of contract alone does not constitute a deceptive trade practice. For this state’s Deceptive Trade Practices Act to apply to a particular case, the consumer must have acquired, by leasing or purchasing, a specific company’s services or products.
In other words, you can’t bring a legal action against a company for false advertising (or any other deceptive business practice), even when the advertising is, in fact, false, if you didn’t buy the product or service that was falsely advertised.
Most of our clients in deceptive business practice cases are individual consumers, but we also represent businesses that have been harmed by another company’s unfair or unethical practices.
Deceptive trade practice cases typically require extensive background investigations. Your case is stronger if the defendant has a history of questionable behavior and if others have also been harmed by that behavior.
HOW CAN YOU PREVAIL WITH A DECEPTIVE TRADE PRACTICES CLAIM?
Consumers in these cases must be represented by a qualified deceptive business practices lawyer who is skilled at conducting these background investigations and who knows what it takes to prevail with a deceptive trade practices claim.
You have rights as a consumer in this state, and if a business violates those rights, our firm can help. For over a decade, the Law Offices of Denise Adkison-Brown, PLLC has built a reputation as one of the most aggressive, successful law firms in Harris County, always putting our clients first.
Whether it’s deceptive business practices, bad faith insurance practices, or someone’s personal negligence that has harmed or injured you, our skilled legal team can provide candid and sound legal advice coupled with diligent and aggressive representation on your behalf.
If you have been harmed, or if you’ve suffered losses due to an individual’s or a company’s deceptive business practices, call our law firm. Having an attorney’s help in these cases is your right.