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Deceptive Trade Practices In Texas In Virginia
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Exemptions to The Texas Deceptive Trade Practices Act (the “DTPA”) Attorneys (or other similar professionals), Real Estate brokers & Realtors are oftentimes exempt from DTPA claims. This exemption, however, will not apply in cases of fraud or misrepresentation.
They include false advertising, misrepresentation, tied selling, and failing to comply with regulations. Under consumer protection laws, they are illegal and can lead to compensatory or punitive damages.
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.
§ 59.1-200. ( The following fraudulent acts or practices committed by a supplier in connection with a consumer transaction are hereby declared unlawful: 1. Misrepresenting goods or services as those of another; 2.
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 ...
The Texas Public Information Act applies to all governmental bodies, including all boards, commissions and committees created by the executive or legislative branch. It also may apply to a body that is supported by public funds or that spends public funds.
§ 59.1-200. ( The following fraudulent acts or practices committed by a supplier in connection with a consumer transaction are hereby declared unlawful: 1. Misrepresenting goods or services as those of another; 2.
§ 1-200. The common law of England, insofar as it is not repugnant to the principles of the Bill of Rights and Constitution of this Commonwealth, shall continue in full force within the same, and be the rule of decision, except as altered by the General Assembly.
Individual action for damages or penalty. A. Any person who suffers loss as the result of a violation of this chapter shall be entitled to initiate an action to recover actual damages, or $500, whichever is greater.
Legal recognition of electronic records, electronic signatures, and electronic contracts. (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.