Alaska Complaint For Negligence - Fraud and Deceptive Trade Practices in Sale of Insurance - Jury Trial Demand

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Multi-State
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US-000289
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This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.

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  • Preview Complaint For Negligence - Fraud and Deceptive Trade Practices in Sale of Insurance - Jury Trial Demand
  • Preview Complaint For Negligence - Fraud and Deceptive Trade Practices in Sale of Insurance - Jury Trial Demand
  • Preview Complaint For Negligence - Fraud and Deceptive Trade Practices in Sale of Insurance - Jury Trial Demand
  • Preview Complaint For Negligence - Fraud and Deceptive Trade Practices in Sale of Insurance - Jury Trial Demand

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FAQ

In addition to establishing consumer status, a DTPA plaintiff must show that a "false, misleading, or deceptive act," a breach of warranty, or an unconscionable action or course of action occurred, and that such con- duct was the producing cause of the plaintiff's damage.

The full text can be found starting at section 17.41 of the Texas Business and Commerce Code. The primary purpose of the DTPA is to protect consumers against false, misleading, and deceptive business and insurance practices, unconscionable actions, and breaches of warranty.

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.

Deceptive business practice is defined by §32.42 of the Texas Penal Code, while theft is governed by §31.03 of the Texas Penal Code. The two statutes have different elements. The Court of Criminal Appeals has held that the offense of deceptive business practice is not a lesser-included offense of theft.

Attach copies of documents related to the transaction described in the complaint, including any contracts, invoices or receipts. Please do not send originals. Once you have all this together, mail it to us at the address at the top of the form or email it to us at consumerprotection@alaska.gov.

The Alaska State Ombudsman investigates complaints about state agencies. We accept complaints by telephone, email, and through our secure and confidential online complaint portal. You can call our Intake Team at 907.269. 5290 Monday-Friday from a.m. to p.m. You can email your complaint to ombudsman@akleg.gov.

Under Alaska Stat. § 45.50. 471, making a false and misleading statement in an advertisement addressed to the public, and readjusting or resetting a vehicle's odometer to show less miles in the odometer with an intent to deceive are unlawful acts or practices. Under § 45.50.

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.

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Alaska Complaint For Negligence - Fraud and Deceptive Trade Practices in Sale of Insurance - Jury Trial Demand