Deceptive Trade Practices Act Lawyers in Houston, Holding Unethical Businesses Accountable
The Texas Deceptive Trade Practices Act (DTPA) is meant to protect consumers from fraud and other types of unethical business behavior. It affords special protections to consumers who have been taken advantage of by unscrupulous companies. It protects against many kinds of unfair practices and provides for substantial damages if those rights are violated.
If you think your rights under the DTPA were violated, it’s important that you speak with a Deceptive Trade Practices Act lawyer in Houston. They can go over your case and help identify any possible violations of commerce code that have occurred. At the Law Office of Denise Adkison-Brown, you’ll work directly with a consumer protection attorney that’s dedicated to ensuring you receive the compensation you deserve.
Contact us today for a free consultation.
What is the Texas Deceptive Trade Practices Act?
The Texas Deceptive Trade Practices Act (DTPA) was created so that consumers would be protected from misleading, false, and deceptive practices by businesses. It lists many different kinds of conduct that are prohibited. Violation of these listed practices could result in compensation for a plaintiff and substantial penalties against the company.
Under the law, there is a broad definition of what constitutes an individual, business, or organization that has rights under the statute. The law protects a variety of different entities — including individuals, corporations, governmental entities, and partnerships — from deceptive business practices when they seek or acquire products or services.
However, this definition of “consumer” does not include entities that either have assets of $25 million or more — or if they’re controlled or owned by such an entity. Texas state law takes additional steps to protect consumers by offering legal remedies in addition to the Consumer Protection Act.
What Type of Conduct Constitutes a Deceptive Trade Practice?
The full text of the DTPA includes a large amount of consumer protections against different types of unethical behavior. Some of the conduct prohibited by the act includes, but is not limited to:
- Intentional or negligent misrepresentations
- Passing off goods or services in the name of another without permission
- False claims about another business or their goods or products
- Inaccurate advertising
- False warranties
- Fake representation as to business entity status
- Price gouging after a disaster
- Failure to disclose important information about goods or services
This checklist includes examples of common deceptive business practices, but it does not include every type of conduct that may violate the Deceptive Trade Practices Act. Many consumers suffer actual damages due to these actions, but it can sometimes be difficult to figure out if a violation of the law truly occurred.
To determine whether a business’ conduct violated the law, an injured party should reach out to a qualified Houston Deceptive Trade Practices Act attorney.
Recovery of Compensation Following a Successful DTPA Claim
If the plaintiff is able to prove their claim successfully, they may be entitled to significant compensation as laid out in the statute. These damages are awarded based on the evidence presented and the applicable standard of proof for the specific claim. The following are forms of damages an indivdual harmed under the law might expect.
If a plaintiff is successful in their claim, they may win economic damages to compensate them for their losses. These could include:
- Lost income or lost opportunity
- Lost business
- Contractual losses
- Costs of goods or services
- Attorney fees
- Court costs
Violations of the act may also result in non-economic damage awards that can be substantial. Damages related to mental anguish and humiliation may be awarded if companies intentionally violate consumer rights under the DTPA. A certain standard of proof must be met for this type of court award, though, so speaking with a Houston attorney familiar with the Deceptive Trade Practices Act is ideal. They can help you figure out exactly how far a company went in their unethical behavior and ensure a plaintiff gets the full compensation they deserve.
Contact a Deceptive Trade Practices Act Lawyer in Houston
The DTPA serves as a safeguard to many of the most important consumer rights. If these rights are violated, it’s more than just a violation of trust on the part of an unethical business. The reality is that serious financial losses can be experienced by consumers. Anything from misleading advertisements to the sharing of confidential or sensitive information can fall under this law, but in every case, consumers who have their rights violated may have a viable claim against the company in question.
To understand your rights in a Texas deceptive trade practices case, it’s important that you speak with a law firm that handles DTPA cases. Actions taken with the intent to trick consumers cannot go unpunished, and it’s often only when an injured party stands up for their rights that such deception ends. Contact us today at the Law Office of Denise Adkison-Brown by calling (713) 714-6206. We’ll schedule a free consultation to help you better understand your rights along with the best way to move forward.