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Virgin Islands Complaint For Negligence - Fraud and Deceptive Trade Practices in Sale of Insurance - Jury Trial Demand
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FAQ
The Deceptive Trade Practices Act 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.
The Texas Deceptive Trade Practices Act (the ?DTPA?) is a powerful statute that provides consumers of goods or services (including real estate) with relief for certain acts by the Sellers of such goods or real property, such as a residential home.
To be able to sue under the DTPA, you must be a ?consumer.? A ?consumer? is defined as any individual, partnership, corporation, or governmental entity that seeks to acquire, by purchase or lease, any goods or services.
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.
A consumer can be anyone from a child to a business, firm, association, partnership, trust, estate, or any group or commercial entity. Here are a few more examples of unfair and deceptive trade practices prohibited in Florida under the FDUTPA.
The DTPA provides the following definition of a consumer: ?Consumer? means an individual, partnership, corporation, this state, or a subdivision or agency of this state who seeks or acquires by purchase or lease, any goods or services, and those goods or services form the basis of the complaint.
To seek relief under the Texas DTPA, you must qualify as a consumer. A consumer may be an individual, partnership, corporation, LLC or even a state agency. The Texas Business and Commerce Code Section 17.46 has a laundry list of 25 prohibited acts that are considered false, misleading, or deceptive acts or practices.
It does not cover a business consumer that has assets of $25 million or more or that is owned or controlled by a corporation or entity with assets of $25 million or more. The DTPA makes many practices illegal without requiring proof that the defendant intended to do something wrong or illegal.