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.
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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What could be a defense to a multiple damages award in a DTPA law suit? A good faith offer to settle that was made during the 60 day notice period.
Generally, DTPA violations include deceptive or fraudulent business practices, including passing off goods or services as those of another, causing confusion about the source or sponsorship of goods or services, using false or misleading statements to sell goods or services, and taking advantage of disasters by ...
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.
First, the DTPA provides for recovery of economic damages. If the court finds the wrongful conduct was "knowingly" committed, it may award up to three times the amount of economic damages, in addition to damages for mental anguish.
The Plaintiff's failure to mitigate his damages can be used as a defense in DTPA actions. The limitation on the recovery of economic damages under the DTPA is not applicable if the another law permits a cause of action to be brought under the DTPA.
Good intent is not a defense under the DTPA. In other words, defendants can be held liable even if they did not intend to misrepresent the product to the consumer.