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Deceptive Practices In Marketing In Dallas
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Multi-State
County:
Dallas
Control #:
US-000289
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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.
The FTC has primary responsibility for determining whether specific advertising is false or misleading, and for taking action against the sponsors of such material. To file a complaint with the FTC, go to ReportFraud.ftc/#/?
When you are ready to file a DTPA lawsuit in Texas, you can't go straight to the courthouse to file your claim. The Deceptive Trade Practices Act requires that you give written notice of your problem to the business at least 60 days before you can file the suit in court.
The FTC enforces these truth-in-advertising laws, and it applies the same standards no matter where an ad appears – in newspapers and magazines, online, in the mail, or on billboards or buses.
The ARB accepts complaints about the content of advertising.
The primary tool the Office of the Attorney General uses to protect Texas consumers is the Deceptive Trade Practices Act (DTPA). This law lists many practices that are false, deceptive, or misleading. When you fall victim to illegal practices covered by the DTPA, you may have the right to sue for damages under the act.
Codified in the Texas Business and Commerce Code under Section 17.46(b), the DTPA outlines specific acts that are considered false advertising. These include: Misrepresentation of Goods or Services: Advertising goods or services with characteristics, uses, or benefits that they do not have.
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.
To deter violators and protect residents, penalties are in place for those who breach the no soliciting laws in Texas. Violators may face fines, community service, or even imprisonment, depending on the severity of the offense.
In order to sue under the DTPA, several elements must be met. 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.