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Deceptive Practices In Sales In Bexar
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State:
Multi-State
County:
Bexar
Control #:
US-000289
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FAQ
Ing to the Texas Penal Code Section 31.01, it states a person can be deceptive by doing any of the following: Lying or misrepresenting laws or facts so you can influence the judgement of another in a transaction and you're aware the fact/law isn't true.
The DTPA provides that "false, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful." The DTPA prohibits certain acts or practices "in the conduct of any trade or commerce." This is a very broad provision.
Explanation: The most likely action to be a violation of the Texas Deceptive Trade Practices-Consumer Protection Act would be misleading advertising. This act prohibits false, misleading, or deceptive acts or practices in connection with the sale of goods or services.
Elements of a DTPA Claim Generally, to prevail on a DTPA claim, plaintiffs must establish three elements: The plaintiff is a consumer; The defendant engaged in false, misleading, or deceptive acts; and. The acts were a producing cause of the consumer's damages.
The composition of goods is another common category of deceptive claims. For example, a product advertised as “wool” had better be 100 percent wool; a mixture of wool and synthetic fabrics cannot be advertised as wool.
To contact the Texas Attorney General's Consumer Protection Hotline, please call (800) 621-0508 or file a complaint online. More about Consumer Protection.
Sec. 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.
If your complaint meets our complaint acceptance criteria, your complaint will be sent to the business within approximately two business days. The business will be asked to respond within 14 calendar days. You will be notified of the business's response when we receive it (or notified that we received no response).
File a complaint with your local consumer protection office or the state agency that regulates the company. Notify the Better Business Bureau (BBB) in your area about your problem. The BBB tries to resolve your complaints against companies.