Chapter 17 of the Business and Commerce Code
The Deceptive Trade Practice Act (DTPA) is a law in Texas which provides protection for consumers from deceptive and misleading acts by businesses. If you are a consumer who is a victim of consumer fraud, let us pursue your claim today.
Deceptive Trade Practice Act
The DTPA is designed to protect the consumer from fraudulent or deceptive businesses. This act was codified in Chapter 17 of the Business and Commerce code. In that section, the legislature outlined several specific violations which are commonly known as the "laundry list violations." It is a violation of the DTPA to:
- Pass off goods or services as those of another
- Cause a likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services
- Cause a likelihood of confusion or of misunderstanding as to affiliation, connection, or association with, or certification by another
- Use deceptive representations or designations of geographic origin in connection with goods or services
- Represent that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or qualities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have
- Represent that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used, or second-hand
- Represent that goods or services are of particular standard, quality, or grade, or that goods are of particular style or model
- Disparage the goods, services, or business of another by false or misleading misrepresentation of fact
- Advertise goods or services with intent not to sell them as advertised
- Advertise goods or services with intent not to supply reasonably expected public demand, unless advertisement discloses a limitation of quantity
- Make false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions
- Engage in any other conduct which similarly creates the likelihood of confusion or of misunderstanding
Additionally, unconscionable actions, breach of warranty actions, and insurance code violations can be brought under the DTPA.
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