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.
Texas Complaint For Negligence - Fraud and Deceptive Trade Practices in Sale of Insurance - Jury Trial Demand
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Section 17.505 of the Texas Business and Commerce Code requires potential plaintiffs (parties who bring suit) to provide potential defendants (parties being sued) with written notice 60 days prior to filing suit, informing the party or parties of the consumer's complaint and damages incurred.
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.
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.
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 ...
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.
Some examples of unfair trade methods are: the false representation of a good or service; false free gift or prize offers; non-compliance with manufacturing standards; false advertising; or deceptive pricing.
(c) A person against whom a suit is pending who does not receive written notice, as required by Subsection (a), may file a plea in abatement not later than the 30th day after the date the person files an original answer in the court in which the suit is pending.