The Texas Deceptive Trade Practices Act is arguably one of the most comprehensive Texas consumer protection laws. It contains more than fifty separate provisions designed to give consumers greater legal recourse in a myriad of deceptive trade practices.
These include false advertising, unconscionable contracts, boiler room sales tactics, and illegal business structures. The defendant could also be fined up to $100,000 for each violation. Let\'s now look at what is deceptive practice under this law.
What is deceptive practice?
The Texas Deceptive Trade Practices Act contains a provision that allows the plaintiff to file suit in a state court pursuant to Rule 44 of the Federal Rules of Civil Procedure.
The Texas Deceptive Trade Practices Act was passed by the Texas Legislature in 1939. The act exempts professional solicitors, trade associations, and labor unions from prosecution under its provisions. The law also gives businesses a generous "good faith" defense to deceptive trade practice claims.
The statute of limitations in Texas is four years, three years for personal injuries, etc. Some of the remedies are also very limited. For instance, a court may not award punitive damages under Texas Deceptive Trade Practices Act.
What option is available to the plaintiff?
In order to bring an action under the provision of the Deceptive Trade Practices Act, the plaintiff must have suffered an injury as a result of the deceptive trade practices committed by either one or more merchants or manufacturers or any combination thereof. The statute of limitations in Texas is four years, three years for personal injuries, etc. Some of the remedies are also very limited. For instance, a court may not award punitive damages under Texas Deceptive Trade Practices Act.
"In a 2004 case, the Court of Appeals for the Texas Fourteenth District said that under the Texas Deceptive Trade Practices Act, "a plaintiff is not required to present expert testimony or other evidence to establish that a reasonable consumer would be misled by an advertisement."
A 2016 case from U.S. District Judge Lynn Hughes in San Antonio showcases how much easier it can be for a plaintiff to win when the alleged deception involves health-related claims or products.
It is also important to note that the Texas Deceptive Trade Practices Act requires the defendant to have intended to make false or misleading statements whether or not the statements were true.
Get a dependable attorney
A defendant can assert a number of defenses that are built into the act. The most common of these arguments are the "legitimate business purpose" defense, the "no injury" defense, and the "state action" defense. Hence, it is smart to involve a capable lawyer to fight a case on your behalf under Texas consumer protection laws.
Andrew Richardson is the author of this Article. To know more about Federal Odometer Statement please visit our website: allenstewart.com
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