San Antonio Texas Plaintiff's Original Petition regarding Deceptive Trade Practices
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How to fill out Texas Plaintiff's Original Petition Regarding Deceptive Trade Practices?
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FAQ
Which of the following is an example of a defense against a DTPA lawsuit that was unsuccessfully claimed by a defendant? The consumer waives a DTPA claim by a consumer accepting a defective home.
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.
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.
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.
A DTPA lawsuit generally must be filed within two years after the date on which the false, misleading, or deceptive act or practice occurred. If the deceptive act took place over a period of time, then, to be safe, you should begin suit two years from the date of the first such action.
The Deceptive Trade Practices Act (DTPA) is the leading consumer protection legislation in Texas.
The causation standard that a DTPA consumer must prove is that the representations were a ?producing cause? of their injuries. Additionally, the DTPA defendant's actions must be ?in connection with? the transaction.
Some examples of unfair or deceptive trade practices include: Claiming a product is something it is not or performs a task it does not, or substituting an inferior product for the product advertised. Systematically overcharging for a product or service. Failing in good faith to settle insurance claims.
C. Under DTPA, the consumer can sue for (1) economic loss; (2) mental anguish; (3) attorneys fee and reasaonble costs of the court proceeding; and (4) treble damages if the defendant had intent or knowledge of the violation.