Consumer Law

Consumers who seek or acquire by purchase or lease either goods or services are protected from deceptive trade practices by unscrupulous sellers. These protections are found in the Deceptive Trade Practices-Consumer Protection Act, or DTPA for short. There is a laundry list of prohibited acts and practices.

To make a claim under the DTPA one must only show that the seller's actions or omissions were the "producing cause" of the consumer's damages. Similar to torts, there are different mental states specified, with a "knowing" or "intentional" element, which if proved, provides for triple or treble actual damages, including claims of emotional distress. There are a few defenses to such claims and it requires virtually innocent conduct.

Another important benefit to a consumer who prevails under the DTPA is they are entitled to receive attorneys' fees from the seller. This encourages consumers with even small damages to seek compensation for their losses and ensures the ready availability of an attorney to pursue unscrupulous sellers.

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