Wright Commercial Litigation has experience representing clients in McKinney, Collin County, Dallas, and Fort Worth with claims under the Texas Deceptive Trade Practices Act (DTPA). The DTPA is designed to protect a purchaser from deceptive, unlawful, or unconscionable business practices related to the sale or lease of goods or services, such as those involving a fraudulent inducement. Most states have similar laws focused on consumer protection, but Texas is definitely unique in defining a “consumer” to include small and midsize businesses so long as they have less than $25 million in assets. That means the DTPA in Texas can apply to far more types of small business and other commercial transactions involving up to $500,000, in addition to ordinary purchases by an individual.
The DTPA statute in Texas has complex procedural and substantive requirements though, so it is crucial to have an experienced deceptive trade practices attorney make sure all the boxes are checked before a suit is brought in order to avoid delay and leverage the statute’s remedial provisions to their full potential.
Wright Commercial Litigation has deep knowledge of the statute’s intricacies and has worked in the past to achieve favorable results for both individuals and businesses throughout the Dallas-Fort Worth area beyond who have been harmed by deceptive trade practices.
How the DTPA Protects Consumers and Business Purchasers in Dallas-Fort Worth
The DTPA protects a purchaser from false, deceptive, or misleading practices, breach of warranty, and other unfair conduct. The statute contains a “laundry list” of activities deemed to be violations, including:
- False or deceptive advertising
- False or misleading statements used for inducement of a sale
- Making false statements about or disparaging a competitor
- Misrepresenting the terms of an agreement, guarantee, or warranty
- Failing to disclose material information about the goods or services sold
- Misrepresentations in real estate transactions
- Price-gouging during an emergency or natural disaster
- Home and roof repair fraud (or misrepresenting a repair was done when it was not)
- Fraud and deceptive practices in construction or improvements
- Bad faith insurance denials and other violations of the Texas Insurance Code
- Unfair debt collection
- Deceptive investment schemes
- Breach of an express or implied warranty
- Any other “unconscionable” act or practice
Some Large Transactions Are Not Covered by the Texas DTPA
Because the DTPA in Texas applies to businesses in addition to ordinary consumers, some transactions of a higher value or that typically involve attorneys are made exempt from the DTPA, including:
- Transactions involving a written contract for more than $100,000 (excluding a consumer’s residence) in which an attorney represented the consumer.
- All transactions over $500,000 that do not involve a consumer’s residence.
The best way to know and enforce your rights under the DTPA or in connection with any deceptive practice is to work with a skilled litigation attorney. Wright Commercial Litigation’s experience as a deceptive trade practices lawyer can help guide you through the process at a great value.
Available Remedies Under the Texas DTPA
A plaintiff that prevails in a deceptive trade practices claim where they have experienced fraudulent inducement or other unfair practices in connection with a purchase under Texas law may be entitled to several different forms of relief, such as:
- Economic damages (that can also include future losses)
- Actual damages for a number of “tie-in” statutes
- Attorney fees
- Injunctive relief
- Restitution
If the defendant’s conduct was committed “knowingly” or “intentionally,” then mental anguish and treble damages may also be awarded.
Of further note, the statue provides for powerful remedial tools, including:
- Appointment of a receiver
- Revocation of a defendant’s license or certificate to do business
- Any other relief a court deems proper
Victims of Deceptive Business and Trade Practices in Texas Must Act Quickly
The statute of limitations in which to bring a DTPA claim is only two years from when the violation or breach occurred (which, in general, will be the date of purchase or lease). Depending on the circumstances, the time period may not start running until when the plaintiff did or should have discovered a violation. For this reason, it is important to consult an experienced Texas deceptive trade practices attorney soon as possible if you feel you have been the victim of such fraud.
Representing Dallas-Fort Worth Businesses and Individuals in Texas DTPA Claims
Given the challenges involved in pursuing deceptive trade and business practices litigation, it is important to have sound legal guidance on your side early. Wright Commercial Litigation’s principal attorney–Jason E. Wright–takes the time to understand every client’s unique circumstances, explain all rights and options, and explore all possible recoveries whether the firm’s involvement begins with trying to negotiate a resolution or bringing your claims to court in order to win at trial with a favorable judgment.
Whether you are a business or individual consumer considering a DTPA suit, you should consider contacting Wright Commercial Litigation for principled advice and skilled representation, sometimes on a hybrid or partial contingency fee basis since the DTPA in Texas provides for a recovery of attorney’s fees, as well as up to treble damages for any knowing or intentional misconduct.
Contact the firm here to request an initial consultation on your DTPA dispute.
Wright Commercial Litigation serves clients throughout Texas, including in McKinney, Collin County, Dallas County, Denton County, and beyond with deceptive business and trade practices claims.
