We Protect Consumers Against Unfair Practices.
We are all consumers. We all buy goods and services every day. And we rightfully expect those products and services to be what they are represented to be. But what happens when a product is defective, and the company won’t work with you to resolve the issue? A good example would be after buying a used car you notice electrical problems, yet the seller never told you that it had been in a flood. Or what if you lost money in a financial Ponzi scheme or fell victim to online identify theft? What if you have a complaint about a legitimate business? Texas has remedies built into our laws to protect consumers.
You Have Rights as a Consumer in Texas
Consumer law is the group of laws that protect the public at large from unfair and predatory business practices. It involves all of the regulations and statutes that seek to create a more equitable balance for buyers in the marketplace and prevent sellers from using dishonest tactics. Both state and federal laws play a role in regulating consumer law. These laws range from prohibiting false advertising and imposing product safety measures to regulating debt collection practices and protecting consumers’ identifying information.
Texas Deceptive Trade Practices Act (DTPA)
The Texas Deceptive Trade Practices Act protects consumers against an extensive variety of misleading and deceptive business practices, unconscionable actions (being taken advantage of to a grossly unfair degree), and breaches of warranty, including but not limited to:
- Passing off services or goods as those of another;
Representing, explicitly or implicitly, that goods or services have qualities which they do not have;
- Representing that deteriorated, reconditioned, reclaimed, used, or second‐hand goods are original or new;
- Falsely representing that goods or services are of a particular quality, standard, or grade; or of a particular style or model;
- Falsely representing facts to disparage the goods, services, or business of another;
- Advertising goods or services with the intent to sell them in a manner other than as advertised;
- Failing to advertise goods or services as being of a limited quantity when those goods or services are of a limited quantity;
- Making misleading or false statements about the reasons for, existence of, or amount of price reductions;
- Misrepresenting the authority of a representative, salesman, or agent to negotiate the final terms of a business transaction; and
- Turning back, disconnecting, or resetting the odometer of a motor vehicle in order to reduce the number of miles indicated on the odometer.
Fair Debt Collection Protection Act (FDCPA)
The Fair Debt Collection Practices Act is a federal law that protects debtors from abusive collections practices. It also provides debtors with a means for challenging payoff demands, and for determining the validity and accuracy of asserted debts. If you are getting calls from debt collectors at unreasonable hours and with unreasonable demands, we can help to get the collection agencies off your back. If the FDCPA is violated, a suit may be brought against the debt collection company and the individual debt collector within one year, to collect damages and attorney fees.
Please note that the Fair Debt Collection Practices Act (FDCPA) does not protect debtors from those who are attempting to collect a personal debt. The act only applies to third‐party debt collectors, such as those who work for a debt collection agency.
The Law Offices of Cesar A. Montalvo fights for the rights of consumers in San Antonio against unfair and predatory business practices, and abusive debt collectors. If you feel you are a victim of illegal practices covered by the Deceptive Trade Practices Act or the Fair Debt Collection Practices Act, you may have the right to sue for damages. Schedule a consultation to discuss your case.