The primary purpose of the DTPA is to protect consumers against false, misleading, and deceptive business and insurance practices, unconscionable actions, and breaches of warranty.  It does so by prohibiting certain acts and practices that tend to deceive and mislead consumers.

Most consumer transactions are covered by the DTPA.  Although the DTPA does not cover every deceptive or unconscionable act of practice, it is quite broad.  The DTPA provides that "false, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful."

The DTPA prohibits certain acts or practices "in the conduct of any trade or commerce."  This is a very broad provision.  "Trade and commerce" means "the advertising, offering for sale, lease, or distribution of any goods or service, or any property, tangible or intangible, real, personal, or mixed, any other article, commodity, or thing of value wherever situated, and shall include any trade or commerce directly or indirectly affecting the people of this state."  The term "good" includes tangible things or real property purchased or leased for use.  The word "service" includes work, labor, or services purchased or leased for use, including services furnished in connection with the sale or repair of goods.  The DTPA does not apply to the rendering of a professional service, the essence of which is the providing of advice, judgment, opinion or similar professional skill. 

The term "unconscionable" appears frequently in the DTPA.  The DTPA defines an "unconscionable action" as one that "takes advantage of the lack of knowledge, ability, experience, or capacity of a person to a grossly unfair degree".

So what does this all mean?  The DTPA has a very broad application.  The DTPA can be used by someone that is charged for an unnecessary $50 car repair; it can be used by someone buying a used car; it can be used by a homeowner buying a home; it can be used by a small business purchasing materials; it can be used by a business buying a $400,000 franchise; and it can be used in all transactions in between.  Simply put, the DTPA was enacted to protect consumers in small transaction and businesses in rather large transactions.

Who is entitled to protection under the DTPA?  Other than the Texas Attorney Attorney General, only consumers are allowed to file under the DTPA.  The phrase "consumers" means an individual, partnership, corporation, or governmental entity who seeks or acquired by purchase or lease any goods or services.  It does not cover a business consumer that has assets of $25 million or more or that is owned or controlled by a corporation or entity with assets of $25 million or more.

The DTPA makes many practices illegal without requiring proof that the defendant intended to do something wrong or illegal.  Unless the section involved requires otherwise, the consumer is not required to prove that the defendant "intentionally" or "knowingly" violated the DTPA.  This makes it easier to prove a violation of the DTPA, and provides a strong incentive for sellers of goods and providers of services to refrain from engaging in the prohibited acts and practices. 

Nevertheless, the DTPA provides that if a defendant acts "intentionally," the judge or jury may award the consumer "additional damages" in an amount not exceeding three times the actual damages suffered by the consumer.

If you feel that a DTPA violation has occurred, what are your remedies?  The remedies of the DTPA are not exclusive.  Instead, they are in addition to remedies provided in other laws.  In fact, violations of certain other laws may also constitute violation of the DTPA.  You may not, however, recover under the DTPA and under some other law for the same alleged wrong.  In other words, you cannot recover twice for one violation.

Remedies under the DTPA may not usually be waived, and an attempt to make a consumer waive DTPA remedies is expressly void and unenforceable unless specific requirements are met.  This provision is particularly important when consumers buy good "As Is."  Often consumers may still be able to recover under the DTPA even if the consumer buys the goods "As Is."  If you have such a situation, you should call me.

When should you contact me so I can protect your rights?  The safest and simplest answer to this question normally is "as soon as possible."  If you wait too long, you can lose all of your legal rights.

However, you generally should first make reasonable efforts to have the violator correct the problem.  Send a polite letter demanding correction of the problem and making good on the damages you have suffered.  Be as clear, specific, and factual as possible.  Send the letter by certified mail, return receipt requested (or hand deliver it, and get a signed receipt), and be sure to keep a copy of the letter.  Talk to the appropriate people in charge, without getting angry and shouting, calmly telling them whey you feel you have been treated wrong.  Explain to them what should be done to remedy the problem.

Give the person or business to whom you are complaining to an amount of time, reasonable under the circumstances, to make good.  If they flatly turn you down, or seem to be "stringing you along" without actually doing anything, then you may have no choice but to take legal action.

Do you believe you are a victim to a deceptive trade practice? If so, you should contact me immediately so I can protect your rights.