Consumer Protection & Deceptive Trade Practices



TEXAS DTPA CAN BE FOUND IN THE TEXAS BUSINESS AND COMMERCE CODE CHAPTER 17

In today's competitive environment, attempts to influence customers are taking place across many new platforms. The practices and policies of consumer-facing companies, from invasive marketing and deceptive trade practices, to the protection of customer information, are under constant scrutiny.

DECEPTIVE TRADE PRACTICES ACT

The statute prohibits a list of deceptive trade practices deemed to be false, misleading or deceptive. The DTPA gives consumers the right to sue for damages.  Consumers who win a suit brought under the DTPA, are entitled to attorney’s fees, and if they show the person acted “knowingly,” they can receive damages of up to three times their damages.  Other consumer protections statutes tie in to the DTPA and allow consumers to sue under the DTPA for violation of those other statutes.

DEBT COLLECTION DEFENSE

Facing a credit card or debt collection lawsuit is a frightening experience. It feels like your debt keeps growing and that the angry letters and harassing phone calls will never stop. Amin & Associates can stop debt collectors from contacting you, negotiate with creditors to get you a fair settlement, and defend you relentlessly in court if the creditor brings suit.

As a prerequisite to filing a suit seeking damages under this Act, the consumer must send a registered or certified letter of written notice telling the seller what is wrong and asking for the amount of your damages. The notice must advise the seller in reasonable detail of the consumer’s specific complaint and the amount of damages. If the seller fails to send you the amount requested within 60 days of receiving your letter, a suit can be filed.=

You can ask for the all of the damages incurred as a result of this deceptive trade practice which may include:

  • Economic and mental anguish damages;

  • An injunction;

  • A restoration order;

  • Revocation of a defendant’s license or certificate to do business;

  • Court costs and attorney’s fees;

  • Interest; or

  • Any other relief that the court deems proper.