Texas Deceptive Trade Practices Act

Feltoon Law, PLLC  |  2520 S I-35 Frontage Rd #200 Austin, TX 78704  | (737) 281-9100

Deceptive Trade Practices Act (DTPA)

The Deceptive Trade Practices Act or DTPA protects consumers against fake and misleading business and insurance practices as well as from unfair actions and breaches of warranty. 

The DTPA views a consumer as anyone who is looking to buy or lease a good or service. This means a business, individual, or even a governmental organization can be considered a consumer. However, to the DTPA, the term consumer does not apply to businesses, individuals, and entities that own $25 million or more in assets. 

From an individual buying gas for their car to a business buying a million dollar office space, the DTPA protects consumers in a wide variety of transactions. 

Businesses violating the DTPA can create harmful consequences for their consumers. These damages include:

These are just a few examples of practices made illegal under the DTPA.
  1. Brands cannot state that a good or service has an outside approval, sponsorship, certification it does not actually have (Ex: A brand of supplements cannot falsely advertise that they have FDA approval.)
  2. Companies cannot claim a product was produced in a different geographic location (Ex: American pasta makers cannot market their product as Authentic pasta from Italy.)
  3. A person trying to provide a service cannot claim an affiliation, status, or sponsorship they do not actually have. (Ex: A hairdresser cannot pretend to have a cosmetology license in order to work at a salon.) 
  4. Companies cannot represent a product as a grade, quality, or standard it is not. (Ex: Grade A eggs cannot be sold as Grade AA.)
  5. Businesses cannot cannot falsely claim a good or service needs parts, replacements, or repairs. (Ex: A service center cannot tell a consumer they need an oil change if it is not actually necessary for their vehicle.)
The full laundry list of prohibited transactions under DTPA can be found in the Texas Business and Commerce Code in Section 17.46(b).  

If you have been harmed by a business violating the DTPA, it is important to contact a trusted personal injury attorney.

A qualified attorney will assist you in reporting the incident to the attorney general’s office, provide resources to you, represent your legal interests, and ensure you receive the compensation you deserve.

Feltoon Law, PLLC, located in Austin, Texas, is a personal injury law firm with extensive expertise in the Deceptive Trade Practices Act (DTPA). Call (737) 281-9100 for a free consultation today.

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