By Attorney Patrick Chukelu DTPA : Are You A Victim of Consumer Fraud ? Texas, as with many states, enacted statutory relief for consumers who
By Attorney Patrick Chukelu
DTPA : Are You A Victim of Consumer Fraud ?
Texas, as with many states, enacted statutory relief for consumers who are victims of unscrupulous and deceptive business practices. Section 17 of the Texas Business and Commerce Code discussed here is commonly referred to as the Deceptive Trade Practices Act or DTPA. The Statute mandates that Courts liberally construe the Act so as to give relief to victims of fraud.
I had a client who was dissuaded from buying a cheaper product by the seller who threatened not to warranty the product. The client bought the recommended more expensive product. On gut feeling , the client inspected and discovered that they indeed installed the cheaper product. When caught, the explanation was that the purchased item was out of stock and the cheaper one will suffice . We rejected the product and demanded refund. Long story short, once they received a DTPA Letter the matter was promptly resolved.
DTPA, among many enumerated prohibitions, prohibits a business from: false advertisement, misrepresenting quality of product or affiliation/sponsorship that is nonexistent etc. Triple Damages are available plus attorney’s fee if claim is successfully litigated. So, those advertised “going out of business sales” that continues forever is suspect under this Statute. However, the Act requires that the Business be given specific time to settle a Demand before suit is filed. DTPA, as such, is a very potent tool available to fraud victims in Texas.