fbpx
chalaki-law-web-logo4

Deceptive Trade Practices Act

AWARDS & RECOGNITION

Attorney at law magazin award
Best Lawyers Ones to Watch Award
Super Lawyers Rising Star Award
The National Trial lawyers award

AMONG THE AREAS WHERE BUSINESSES ARE INCREASINGLY VULNERABLE TO LITIGATION IS THE AREA OF CONSUMER PROTECTION STATUTES. ONE SUCH STATUTE IS THE TEXAS DECEPTIVE TRADE PRACTICES AND CONSUMER PROTECTION ACT, MORE COMMONLY KNOWN AS THE DECEPTIVE TRADE PRACTICES ACT (“DTPA”).

DECEPTIVE TRADE AND PRACTICES ACT

The Deceptive Trade Practices Act was initially enacted to 1) provide consumers with a cause of action for deceptive trade practices without the burden of proof and numerous defenses encountered in common-law fraud or breach of warranty suits; 2) encourage consumers to litigate claims that would not otherwise be economically feasible by permitting a successful plaintiff to recover attorney’s fees; and 3) to deter false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty in trade or commerce.

The Deceptive Trade Practices Act applies to trade and commerce which is defined in the Act as advertising, offering for sale, sale, lease, or distribution of any good or service, of any property, tangible or intangible, real, personal, or mixed, and any other article, commodity, or thing of value, wherever situated, and shall include any trade or commerce directly or indirectly affecting the people of Texas.

This expansive definition promotes broad applicability of the Deceptive Trade Practices Act against unscrupulous businesses. Unfortunately, this consumer-oriented law can be used as a powerful weapon by consumers against legitimate companies. To avoid DTPA liability, it is essential to have a basic understanding of the Deceptive Trade Practices Act, the conduct that can lead to liability, and steps that can be taken to minimize the risk of being sued. Chalaki Law, P.C.  has that understanding.

ON THE CONSUMER SIDE: AN INDIVIDUAL “SEEKS” GOODS OR SERVICES WHEN HE OR SHE REQUESTS OR ASKS FOR THEM. ONE “ACQUIRES” GOODS OR SERVICES WHEN ONE GETS OR COMES TO HAVE THE GOODS OR SERVICES AS ONE’S OWN. THE DTPA DOES NOT REQUIRE A PLAINTIFF TO BE A DIRECT PURCHASER OF THE GOOD OR SERVICE, AS LONG AS THE PLAINTIFF IS THE BENEFICIARY OF THOSE GOODS OR SERVICES.

There are two basic requirements for an individual or business to qualify as a consumer under the Deceptive Trade Practices Act (DTPA) : 1) the consumer must have sought or acquired, by purchase or lease, goods or services; and 2) the acquired goods or services must form the basis of the complaint. The DTPA, however, does not apply to business consumers that have assets of $25 million or more, or that are owned or controlled by a corporation or entity with assets of $25 million or more.

Consumer status can also be established merely by seeking to acquire goods or services, even if they are not actually acquired. It is unnecessary for money to change hands to establish consumer status. It is also unnecessary for there to have been a written agreement or an actual purchase; it is sufficient for the plaintiff to seek to acquire goods or services in good faith.

DTPA claims are generally not assignable by an aggrieved consumer to someone else. The Act also authorizes actions by the Consumer Protection Division of the Texas Attorney General’s office in addition the provides a private civil remedy to consumers for deceptive trade practices that are a producing cause of economic and mental anguish damages to the consumer.

Our attorneys work both on the consumer side, representing Plaintiff against businesses who have violated the DTPA statute and representing business as Defendants being sued for DTPA.  Our experience has proven that these lawsuits are complicated in nature and require an extensive understanding of each situation.

FREE CASE EVALUATION

Call us 24/7 at 972-793-8500 or fill out the form below to receive a free and confidential initial consultation.

NO WIN.
NO ATTORNEY FEES.*

PAY NO ATTORNEY FEES UNLESS WE WIN YOUR CASE*

Testimonials

Elizabeth Ontiveros
Elizabeth Ontiveros
Read More
Chalaki Law went above and beyond in my case. I HAD THE BEST REPRESENTATION!! They fought for my case until they finally got justice for me. I felt very positive all through my case knowing Sean, Shawn, and Robert had my back. I truly recommend Chalaki Law. Thank you for all you've done for me. Google Logo
Rolando Morales
Rolando Morales
Read More
I wanted to say thank you to Chalaki Law for doing a great job on my case. All of the employees are very kind and ready to help you with anything. I recommend anyone who has gotten into a car accident to call Chalaki Law because they defend your rights, thanks to them I won my case. Google Logo
Rashad Haiddar
Rashad Haiddar
Read More
These guys were professional and got me thru a very hard time , mr Hashemi was my attorney at Chalaki law and I couldn't be more impressed with the service. Mr Hashemi is great at business litigation cases. Highly recommend them for any business dealing or disputes. Google Logo
Tammy Garcia
Tammy Garcia
Read More
Sean Chalaki and his team are an awesome group of people!!! They exceeded my expectations and were extremely professional and responsive through my whole experience. I definitely recommend them!!!! Google Logo
Tasha Jackson
Tasha Jackson
Read More
Chalaki Law did an amazing job handling my car accident case. I could not have asked for better care and promptness. Keep up the good work. Google Logo
Meron G
Meron G
Read More
Love their service, professional and aware of the little details that affects their customers cases. We are using their service second time since we were happy few years ago. Google Logo
Maritza Oviedo
Maritza Oviedo
Read More
I loved Sean. He is such a great person & lawyer. He did such a great job with our case. I would use him again. Very professional. Google Logo
Rick Jennings
Rick Jennings
Read More
I had the best experince ever with my law office of Sean Chalaki my lawyer josh and team made me feel welcomed.i came in with a DWI that i did not do and they didnt stop until they got me out of trouble with nothing on my record if u need help and need a law office that will fight for u give them a call. Google Logo
Jackie Munoz
Jackie Munoz
Read More
I couldn't have asked for a better representative then the Offices of Sean Chalaki. Sean and Rocio handled my case amazingly and made me feel reassured of everything. Google Logo
LeNae Goolsby
LeNae Goolsby
Read More
Integrity is doing what we say we'll do. Sean Chalaki is most definitely a lawyer of integrity. Google Logo
Leysha Cherish
Leysha Cherish
Read More
They were amazing throughout my experience. Very helpful and made sure I was kept up to date and happy the entire process. Google Logo

RECENT POSTS

CALL US TODAY
24/7 SUPPORT

FOR A FREE CASE EVALUATION

WE ARE HERE TO HELP WITH YOUR INJURIES OR ASSIST WITH LOSS OF A LOVED ONE.

NEED HELP? 24/7 SUPPORT

Whether you need to speak with us in the middle of the night or on the weekend, we are here for you. We believe that accessibility is key to building strong, trusting relationships with our clients, and we are always just a phone call, chat or email away.