Helotes DTPA Lawyer

Deceptive Trade Practices Act

DTPA or the Deceptive Trade Practices Act is a statute in Texas which protects consumers from predatory or incompetent business practices. The law allows in some circumstances for the consumer to get ‘treble’ or three times their damages and attorneys fees. This is a great option in circumstances where the damages from the business’s behavior are relatively low and priced out by the cost of litigation.

“I was scammed out of a lot of money, at least for me. I still don’t understand Deceptive Trade Practices but he did. Thank you for standin up for me.”

- Luis E.

DTPA Frequently Asked Questions

When is the DTPA applicable?
The Deceptive Trade Practices Act applies to qualifying ‘consumers’ against qualifying ‘sellers’ as defined by the statute. It basically applies to all sellers of goods like retail stores, construction companies etc. The statute appears to make an exception for ‘professional services’ but even those can be subject to the statute under certain extreme circumstances.
What is a demand letter?
For DTPA cases it is required that the plaintiff make a demand 60 days prior to filing the law suit to give the company a chance to make things right before a lawsuit is necessary. In some cases, this yields a quick settlement before court is even necessary keeping costs down.
What is the advantage of the DTPA?
The DTPA in certain cases allows for treble damages (three times) and Attorneys Fees. This makes many cases that would have been too small too be worth litigation all of a sudden more valuable. It gives a wider protection to consumers.
How long do DTPA claims take to get resolved?
This varies but depends on the business. Generally, the bigger and more solvent the business is the better chance at a recovery faster. When you’re dealing with smaller businesses where cash flow is a problem, then the case has a high likelihood of dragging on and on.

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