– Texas Deceptive Trade Practices Act (TDTPA) –
What is required for a Texas Deceptive Trade Practices Act (DTPA) cause of action?
1. The person bringing the claim is a consumer;
2. The defendant is connected to the transaction;
3. The defendant’s violation was a producing cause;
4. The person bringing suit has suffered some type of damage and finally
5. The defendant must have completed one of the following actions:
-A violation of what the DTPA calls the “laundry list”
-A breach of warranty (expressed/implied)
-An unconscionable act
-A violation of Insurance Code Chapter 541
-A violation of a tie-in statutes
What is the Texas Deceptive Trade Practices Act (DTPA)?
The DTPA applies to consumers and is liberally construed in favor of consumers. The purpose of the DTPA is to protect consumers from false, misleading, and deceptive acts or practices.
How does the DTPA deal with warranty of goods (including your home) and services?
A breach of express or implied warranty will allow a consumer to bring a cause of action under the DTPA.