Texas Deceptive Trade Practices Act - DTPA Attorney

Under Texas Business and Commerce Code, Section 17.46, the DTPA contains a "laundry list" of over 30 specific acts that are legally defined as false, misleading, or deceptive. You do not have to prove the business intended to trick you—just that they committed one of these acts.

Some of the most common illegal statements and actions include:

• Passing Off: Selling goods or services by claiming they are from a different, usually more reputable, brand.
• Used as New: Representing that goods are original or "brand new" when they are actually deteriorated, reconditioned, reclaimed, used, or secondhand.
• Need for Repair Fraud: Knowingly making false or misleading statements of fact concerning the need for parts, replacement, or repair service.
• Bait and Switch: Advertising goods or services with the intent not to sell them as advertised, but rather to push a completely different (usually more expensive) product.
• Disaster Fraud: Taking advantage of a disaster declared by the Governor to charge exorbitant prices for necessities.

The definitions in the DTPA are broad, meaning the law applies to nearly every industry in Texas. Here pays to know how these deceptive business practices appear in the real world:

The threat of severe financial penalties is what gives the DTPA its teeth. Found in Texas Business and Commerce Code, Section 17.50, the law provides for escalating damages based on the bad behavior of the business.

• Base Economic Damages: At a minimum, you are entitled to compensation for your direct financial loss. This covers the out-of-pocket price you paid for a defective product, repair costs, or lost wages.
• "Knowing" Violations (Treble Damages): If you can prove the business acted "knowingly" (they were aware their statements were false when they made them), the court can punish them by awarding you up to three times (3x) your economic damages. You may also recover damages for Mental Anguish.
• "Intentional" Violations (Maximum Penalty): If the business acted "intentionally" (they specifically designed the scheme to maliciously defraud you), the court can multiply both your economic damages and your mental anguish damages by three.
• Mandatory Attorney Fees: If you win your case, the business is legally required to pay your reasonable and necessary attorney fees. This guarantees that you can afford top-tier legal representation without giving up your settlement.

Your rights under the DTPA expire quickly. You must act decisively to protect your claim.

• Two-Year Statute of Limitations: You must file your DTPA lawsuit within two years from the exact date the false, misleading, or deceptive act occurred. Alternatively, the "discovery rule" applies: you have two years from the date you reasonably should have discovered the deception.
• 60-Day Pre-Suit Notice: You cannot simply rush to the courthouse. Before filing a lawsuit, a consumer must provide a formal, written demand letter to the alleged violator at least 60 days in advance. This letter must outline the specific complaint and demand a specific sum for economic damages, mental anguish, and attorney's fees.

Because these deadlines are absolute, and drafting a legally compliant 60-day demand letter requires precision, it is critical to speak with a DTPA attorney immediately if you suspect you have been defrauded.

Legal Disclaimer: Hyslip Legal operates its primary office out of Algonquin, IL. While we handle state-level claims such as the Texas DTPA, our attorneys also maintain a robust federal practice concerning federal consumer protection laws inside the state of Texas and nationwide.