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A look at the basics of the Texas Deceptive Trade Practices Act

Texan business owners all aim to make a living off of their work. When that livelihood is threatened by the deceptive trade practices of another company, it's only natural to fight to maintain the success of their own business, as well as the business integrity and balance in the area.

FindLaw discusses the Texas Deceptive Trade Practices Consumer Protection Act (DTPA), which is one of the tools that can be used when a business is trying to protect itself from unfair competition with underhanded advantages. It's the primary choice when it comes to consumer protection, and it can be construed and applied somewhat liberally. Unlawful acts under the DTPA include:

  • Deceptive, misleading, or false acts
  • Breach of warranty
  • Unconscionable acts

A large and varied number of situations can fall under these categories. For example, if a business owner takes advantage of a customer's lack of knowledge to make a sale, it could be considered an unconscionable act. Businesses that pass off their products as coming from a source they don't actually come from could end up facing charges related to deceptive acts. Representing used or old goods as though they were new can fall under the same category.

State statutes in Texas also list different categories of deceptive practices that the DTPA fights against, as well as describing the damages that can be claimed. A person can file a suit for mental anguish or economic damages, attorney fees and court costs, or even the revocation of the defendant's license or business certification. 

Business owners fighting against deceptive trade practices are doing both themselves and their communities a service. Legal action can not only lead to compensation, but can end the unfair competition for everyone, boosting morale and making the city a better place to do business.

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Massey Law Firm PLLC
601 Sawyer St.
Suite 225
Houston, TX 77007

Phone: 346-800-6101
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