ABILENE DECEPTIVE TRADE PRACTICES ATTORNEY
The primary tool used to protect all Texas consumers is the Deceptive Trade Practices Act (DTPA).
This law includes a long list of many practices that are false, deceptive, or misleading.
When you fall victim to illegal practices covered by the DTPA, you may have the right to sue for damages under the act.
Our business law division is headed by partner Matt Zimmerman who, along with his Juris Doctorate, has his Masters of Business Administration MBA from the Texas Tech University School of Business. Contact us today if you need assistance with a Deceptive Trade Practice issue.
If you do decide to sue and win your suit and prove that the defendant knowingly deceived you, you may be eligible to recover up to three times your damages.
According to the Texas Attorney General’s Office, if you want to pursue an individual case under the DTPA, you should talk to a private lawyer,
According to state law, section 17.41 in the Deceptive Trade Practices Act, deceptive practice issues can include:
- Passing off goods or services as those of another
- Causing confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods or services
- Causing confusion or misunderstanding as to affiliation, connection, or association with, or certification by, another
- Using deceptive representations or designations of geographic origin in connection with goods or services
- Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection which the person does not
- Representing that goods are original or new if they are deteriorated, reconditioned, reclaimed, used, or secondhand
- Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another
- Disparaging the goods, services, or business of another by false or misleading representation of facts
- Advertising goods or services with the intent not to sell them as advertised
- Advertising goods or services with the intent not to supply a reasonable expectable public demand, unless the advertisements disclosed a limitation of quantity
- Making false or misleading statements of fact concerning the reasons for, the existence of, or amount of price reductions
- Representing that an agreement confers or involves rights, remedies, or obligations which it does not have or involve, or which are prohibited by law
- Knowingly making false or misleading statements of fact concerning the need for parts, replacement, or repair service
- Misrepresenting the authority of a salesman, representative or agent to negotiate the final terms of a consumer transaction
- Basing a charge for the repair of any item in whole or in part on a guaranty or warranty instead of on the value of the actual repairs made or work to be performed on the item without stating separately the charges for the work and the charge for the warranty or guaranty, if any
- Disconnecting, turning back, or resetting the odometer of any motor vehicle so as to reduce the number of miles indicated on the odometer gauge
- Advertising of any sale by fraudulently representing that a person is going out of business
- Advertising, selling, or distributing a card which purports to be a prescription drug identification card.
Blizzard & Zimmerman Attorneys understand that your business is personal to you.
You can expect prompt handling of time-sensitive issues and consistent professional excellence.
Be aware that companies that have more than $25 million dollars of assets, or if they are controlled by a corporation or entity with more than $25 million in assets, they are excluded from coverage by the Texas DPTA.
Blizzard & Zimmerman Attorneys provides top-shelf legal services at affordable rates to established businesses and startups in the Abilene area and throughout Texas.
We are available at your convenience and will give your business (no matter what the size) personal attention, in-depth tailoring to your needs, and affordable prices.
Contact us to discuss your DTPA small business matter today.