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Texas Deceptive Trade Practices Act Information

Enacted on May 21, 1973, the Texas Deceptive Trade Practices Act (DTPA) serves to protect consumers against deceptive, false, or misleading business practices or insurance practices - including unconscionable actions and breaches of warranty. A consumer could be an individual, a partnership, a government entity, or a corporation with less than $25 million in assets.

Some of the deceptive, false, or misleading practices may include:

• When the seller takes advantage of a consumer's lack of knowledge.
• When a seller engages in false advertising or makes misleading statements about their products.
• When a seller generally makes false statements about reasons for price reductions.
• When a seller misrepresents the quality, style, or model of a product.
• When a seller misrepresents a used, refurbished, or secondhand product as new.
• When a seller breaches a written warranty or a verbal warranty.
• When a product does not work in the way that it is normally used or the way that it is described by a salesperson.
• When a seller creates confusion regarding their good or service - or when a seller creates misunderstandings regarding their good or service.

The Texas Deceptive Trade Practices Act (DTPA) can be utilized in a very large number of circumstances - unlawful acts according to the DTPA can range from a used car salesman tampering with an odometer to a small business to a furniture store making a false claim regarding a going out of business clearance sale.

Below are a few more possible examples of unlawful acts under the DTPA:

• A watch seller tells his customers that his goods were made in Switzerland, when they are in fact produced domestically.
• An accountant advertised that she is a Certified Public Accountant when in fact she has not passed the CPA exam.
• A low fat cookie company claims that their products have the official seal of approval from a well-know dietician when that is not the case.
• A doctor makes negative comments about a nearby practice, including statements that are not true.
• A company promotes a pyramid scheme program that promises commissions or rebates for signing up others to buy or sell goods or services.
• An air conditioning company charges customers for repairs and replacement parts on their units when new parts or repairs were not actually made.

Durrett Law Firm is located in Houston, Texas, and serves clients in the following surrounding TX areas:

Counties: Harris County, Ft. Bend County, Brazoria County, Galveston County, and Jefferson County.
Cities:  Houston, Pasadena, Beaumont, Galveston, Bellaire, West University, Friendswood, Humble, Katy, Pearland, Tomball, Spring, South Houston, Webster, Waller, Missouri City, Bryan, Willis, Conroe, Baytown, and Stafford.

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