Consumers do not wish to be the victims of fraudulent transactions. Unfortunately, companies sometimes engage in deceptive or misleading practices. The Texas Legislature passed the Texas Deceptive Trade Practices Act, also known as the DTPA, in 1979.
The DTPA emphasizes the importance of consumers being mindful of their financial and commercial activities. However, many consumers are not aware with the nuances of the Deceptive Trade Practices Act. Read below to learn more about this act.
Who Stands Covered Under The Texas DTPA?
DTPA defines the term "consumer" as "any individual, partnership, establishment, or subdivision or small business of this state that seeks or acquires merchandise or services, whether through purchase or lease."
Therefore, the DTPA protects both individual consumers and smaller businesses. Furthermore, business consumers who have assets of $25 million and more or are owned or governed by a firm or entity with assets of $25 million or more are excluded from the term.
Rights & Responsibilities
Before suing, a consumer who has been scammed should first address their concerns to management and attempt to resolve the matter outside of court. The DTPA requires that parties who cannot reach an agreement file a formal, written complaint with the business at least sixty (60) days before suing.
Consumers seeking the address and agent of a closed business should contact the Texas Secretary of State's office.
A seasoned attorney will ensure that your business interests are protected even if some businesses engage in fraudulent practices.
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