Unfair Business Practices
Business Attorney Serving Dallas and North Texas
If you bought a product such as a toaster, a computer, or a vehicle and then found out it was defective or did not perform as promised, you have been a victim of unfair business practices. The same is true if you hired someone such as a plumber, electrician, or mechanic to perform services for you, and the person either charged you for unnecessary services, did not perform the services paid for, or performed them incompetently.
If you have been a victim of unfair business practices, our Dallas business attorneys can help. The Texas Deceptive Trade Practices—Consumer Protection Act (DTPA) allows you to file a lawsuit against those who performed the deceptive act. For the purposes of the DTPA, you can file a claim whether you purchased the good or service for yourself, for another, or for your business.
The DTPA is a commonly-amended provision of Texas law, so while the information below is a good basic overview, it is no substitute for talking to a Dallas business lawyer about the current provisions of the law and whether you have an unfair business practices case.
To learn whether your business dispute is covered under the DTPA, please contact Polewski & Associates for a free case evaluation.
Who Is a Consumer?
According to the DTPA, you are considered a consumer if you bought or rented property for yourself or your business. The courts have also found that you are considered a consumer if you are an "intended" beneficiary of the goods or services. Examples of intended beneficiaries include:
- Recipient of a gift
- Tenant with respect to goods and services purchased for property by landlord
- Members of a household (spouse and children) for which the good or service is purchased
- An employee who commonly uses a good or service
On the other hand, people are not considered intended beneficiaries if they are, for example, a passenger in a car, a borrower of an item, a fiancé of the purchaser, or an employee with only occasional use of the good or service.
Nearly everything purchased or leased can be considered goods under the DTPA, with the exception of "intangibles" such as money, stock, options, trademarks, and lottery tickets. Services include nearly all services except those "the essence of which is the providing of advice, judgment, opinion, or similar professional skill," unless the person acts "unconscionably" in the delivering of advice.
When Can You Seek Compensation?
In general you can make an unfair business practices claim on the basis of:
- Breach of express or implied warranty
- False or misleading statements about a good or service, if the statements were relied on by the consumer in the decision to make a purchase
- Unconscionable conduct on the part of a salesperson or service provider
If any of these led to you suffering some form of personal or economic injury, you can seek compensation under the DTPA.
What Damages You May Receive
The DTPA allows you to receive compensation for your "economic damages" due to the unfair business practices violation, which may include:
- Purchase price, rental fee, or cost of repair
- Medical bills if there was an injury related to defective goods or service
- Lost income
- Other direct and consequential damages
You will also be compensated for attorney's fees in the event of a successful lawsuit.
If you can prove that the seller acted "knowingly," then you can also receive compensation for noneconomic damages, including pain, anguish, loss of consortium, physical impairment, and similar damages. This means showing that the person performing the deceptive act knew what he or she was doing was deceptive or unfair.
If you believe you have been the victim of deceptive or unfair trade practices, please contact the Dallas business lawyers at Polewski & Associates today to schedule a free case evaluation. We serve clients throughout Texas.
