Consumer Protection

The Deceptive Trade Practices Act (DTPA) is a powerful law designed to protect the Texas consumer. As defined by an Austin consumer protection attorney, a consumer is anyone who seeks or acquires any goods or services by lease or purchase.

Purpose of the DTPA

The intended purpose of the DTPA is to protect consumers against:

• False, misleading and deceptive business practices
• Actions that are unconscionable
• Actions that constitute breach of warranty

As an Austin consumer protection attorney can attest, the DTPA is liberally construed in favor of the consumer and broadly applied.

Prerequisite to Filing a Lawsuit

The DTPA requires the seller of the goods or services be given an opportunity to correct the issue the consumer is objecting to. This is accomplished by the consumer sending a registered or certified letter to the seller describing in reasonable detail the consumer’s specific complaints and the exact dollar amount of the consumer’s damages. The seller has 60 days from the date they received the letter to send the consumer the amount requested. If not, the lawsuit may proceed.

Damages Available Under the DTPA

When an Austin consumer protection attorney files suit on behalf of a consumer under the DTPA, there is a broad range of remedies available, such as:

• Economic loss
• Mental anguish
• Injunctive relief
• Suspension of the seller’s business license or permit
• Court costs and attorney’s fees
• Interest
• Any other remedy the court considers to be in the interests of justice

Additional Damages

The court will consider the nature of the seller’s conduct when deciding on an award of damages. If your lawyer can prove either knowing or intentional conduct, the court may award:

• Not more than three times the amount of economic damages for knowing conduct
• Not more than three times the amount of economic damages and mental anguish damages for intentional conduct

Consumer Fraud and Statutory Fraud

In addition to protections afforded by the Deceptive Trade Practices Act, an Austin Consumer Protection Attorney can explain how fraud statutes can protect you and your business from certain conduct.

An Austin Consumer Protection Attorney Can Explain Fraud

In real estate and other business transactions, consumers are protected by a variety of laws aimed at preventing fraud. As a consumer protection attorney can explain, proof of fraud requires evidence that the defendant:

• made a false or misleading statement about a material fact
• made a false promise to do something
• benefited from the false statement or promise

In some cases, a consumer may be entitled to recover exemplary damages in addition to compensation. Exemplary damages are aimed at deterring the wrongdoer for committing fraud in the future.

Contact an Austin Consumer Protection Attorney for Legal Advice

As a consumer you have rights. Be certain you are aware of and protect those rights. For an experienced and aggressive advocacy team, call an Austin Consumer Protection Attorney from Nunis & Associates at (512) 236-9696.