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A producing cause of economic damages or damages for mental anguish. Introduction The Texas Deceptive Trade Practices Act1 DTPA provides numerous avenues of relief for an aggrieved consumer. 2 Through a laundry list of false, deceptive and misleading practices,3 a cause of action for unconscionable conduct,4 and enhanced remedies for breach of warranty,5 the Act offers a wide range of possible claims, most not requiring any culpable mental state. But when attorneys think of the DTPA, i.
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Section 17.46 - Deceptive Trade Practices Unlawful (a) False, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful and are subject to action by the consumer protection division under Sections 17.47, 17.58, 17.60, and 17.61 of this code. 212 through 2A.
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The Deceptive Trade Practices Act (sec. 17.46) protects consumers from unlawful business practices. In particular, this section of the DTPA lists what is considered an unlawful business practice in Texas. Also see section 17.50 for the legal remedies available when a warranty is breached.
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17.46. DECEPTIVE TRADE PRACTICES UNLAWFUL. (a) False, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful and are subject to action by the consumer protection division under Sections 17.47, 17.58, 17.60, and 17.61 of this code. BUSINESS AND COMMERCE CODE CHAPTER 17. DECEPTIVE TRADE ... texas.gov https://statutes.capitol.texas.gov › Docs › htm › BC.17.htm texas.gov https://statutes.capitol.texas.gov › Docs › htm › BC.17.htm
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A deceptive trade practice is activity by an individual or business that is meant to mislead or lure the public into purchasing a product or service. False advertising and odometer tampering are two of the most blatant examples of commercial fraud.
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Deception can be carried by communicating false information as well as by communicating true information that leads to false conclusions. Deception can also be achieved through omission (non-communication).
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Acts or practices that have the potential to be deceptive include: making misleading cost or price claims; using bait-and-switch techniques; offering to provide a product or service that is not in fact available; omitting material limitations or conditions from an offer; selling a product unfit for the purposes for ...
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Unfair trade practices are practices that grossly deviate from good commercial conduct and are contrary to good faith and fair dealing. 1 Unfair trading practices are typically imposed in a situation of imbalance by a stronger party on a weaker one, and can exist from any side of the B2B relationship.
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There are four primary categories of prohibited trade practices under the DTPA, which are: 1) breach of express or implied warranties; 2) violations of Chapter 541 of the Texas Insurance Code; 3) an unconscionable action or course of action; and 4) conduct by the Defendant relied on to the consumer's detriment which ...
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The elements of a DTPA action include that the plaintiff must be a consumer, the defendant must have committed one of the proscribed acts under the DTPA, and the defendant's actions must have been the producing cause of the plaintiff's harm.
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