Deceptive Trade Practices Litigation
Located in Dallas, the attorneys at Palmer Lehman Sandberg, PLLC represent people and businesses in litigation pursuant to the Texas Deceptive Trade Practices Act (DTPA). The attorneys’ civil litigation experience coupled with their knowldege of DTPA case law gives clients a stronger foundation for DTPA claims. Our lawyers have successfully represented consumers in a wide range of claims based on acts of fraud, misrepresentation, false advertising/false claims, and other unscrupulous or unconscionable practices.
What Is The Texas Deceptive Trade Practices Act?
Enacted in 1973, the Texas Deceptive Trade Practices Act (“DTPA”) was created to protect consumers from false, misleading, and deceptive practices by business and insurance practice as well as breaches of warranty and unconscionable actions. The act defines consumers to include natural persons and small- to middle-sized businesses*
What Conduct Does The Act Prohibit?
The full text of the DTPA can be found at Section 17.41 of the Texas Business and Commerce Code. Specifically, Section 17.46(b) of the Texas Business and Commerce Code contains a non-exclusive list of 25 prohibited acts. Some of the prohibited acts include:
- Passing off goods or services as those of another
- False representation
- False disparagement of goods or services of another business
- False advertising (in certain circumstances)
- False misrepresentation
- False warranties
- Failure to disclose certain information in sales of goods and services
- False representation of business entity status
- Price gauging after a disaster
How Can I Determine If I Have A Viable Cause Of Action?
Case law interpreting the DTPA is a fluid and ever-changing matter. The best way to protect your rights is to immediately contact an experienced attorney if you think you may have a cause of action. To contact Palmer Lehman Sandberg, PLLC about a possible DPTA matter, call 214-242-6444 or email our firm.
We offer convenient office hours, flexible appointment times and reasonable fees. Visa, Mastercard and Discover are accepted.
* Plaintiff businesses with more than $25 million dollars of assets, or controlled by a corporation or entity with more than $25 million in assets, are excluded from coverage by the DPTA.