The underlying purpose of the Texas Deceptive Trade Practices Consumer Protection Act (DTPA) is to protect consumers against false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty and to provide efficient and economical procedures to secure such protection.
Unlawful Acts Under the Texas Deceptive Trade Practices Consumer Protection Act include:
Breach of Warranty: This statute is invoked when a broken promise is made by either a manufacturer or a seller. This breach also covers a failure of a statement or agreement by a seller of property which is a part of the contract of sale, when the truth of the statement is necessary to the validity of the contract.
Unconscionable Act: A statement or action so unreasonable it defies good conscious. Conducts considered unconscionable encompass such instances where: a tradesperson or distributor is derelict from explaining the conditions of a contract to a person they know doesn’t speak English or has a learning disability; when sufficient time isn’t allotted to read an agreement, ask questions, or get advice using a friend or relative of the customer to influence the customer’s decision; or when a consumer is encouraged to sign a blank or one-sided contract.
Any False, Misleading, or Deceptive Act: An action with the intention to deceive another person through misstatements or failing to disclose information that should be divulged upon trade.