POINTS UNDERSTANDING THE TEXAS DECEPTIVE TRADE TRADE PRACTICES ACT THE ACT
“OUR REMEDY CURES ARTHRITIS AND CANCER REMEDY CURES ARTHRITIS AND CANCER
in seven days!”
seven days!”
“Resolve your outstanding debts! With Resolve your outstanding debts! product, you’ll only have to pay creditors 30 percent of you owe!” our product, you’ll only have to pay your
creditors 30 percent of what you owe!”
When a vendor or salesman uses false When a vendor or uses statements, duress, misleading advertisements to win a Texan’s statements, duress, exaggerations or
misleading advertisements to win a Texan’s
business, he or she violates the Texas business, he or she the Deceptive Trade Practices Act (DTPA). “OUR REMEDY CURES in seven days!” Deceptive Trade Practices Act (DTPA).
“Resolve your our product, you’ll creditors 30 percent When a vendor statements, duress, misleading advertisements business, he or Deceptive Trade Vendors may claiming their it does not the Office of (OAG) charged Freedom, Inc., for selling supplies how to install to convert water costs, increase engine performance. discovered no claims are true. Vendors may violate the DTPA by Vendors may violate the DTPA claiming their product does something
claiming their product does something
it does not or cannot do. In April, does not or cannot do. In April,
the Office of the Attorney General
Office of the General
(OAG) charged the California based 1 OAG) charged the based Freedom, Inc., with the DTPA
Freedom, Inc., with violating the DTPA
for selling supplies and instructions on selling supplies and instructions to install devices that promised
how to install devices that promised
to convert water to fuel, reduce fuel convert water to reduce increase gas mileage and enhance
costs, increase gas mileage and enhance
engine performance. Investigators have performance. discovered no evidence that 1 Freedom’s
discovered no evidence that 1 Freedom’s
claims are true.
are true.
Companies also violate the DTPA Companies also the DTPA
when they take advantage of a customer’s they take advantage of a customer’s
lack of knowledge or language
of knowledge or language
comprehension. In March, the OAG comprehension. In the reached an agreement with a Houston
reached an agreement with a Houston
auto dealer after customers complained dealer after customers complained
Companies when they take lack of knowledge comprehension. that they were misled into signing lease they were misled signing agreements when they believed actually purchasing vehicles. agreements when they believed they were actually purchasing vehicles.
Investigators learned that salespeople CANCER
Investigators learned targeted customers who and read English well. targeted customers who did not speak
Enforcement actions are fiof the State of T exas and the The OAG cannot represent Texans, but some legal actions restitution for customers. For in April, the OAG reached an with the owners of Extreme Wellness, Inc., who were court-to repay hundreds of customers pre-paid their gym membership UNDERSTANDING TEXAS DECEPTIVE PRACTICES ACT and read English well. With
The OAG protects Texans by filing your
The OAG protects civil enforcement actions and other consumer protection Businesses must comply they interact with customers. civil enforcement actions under the DTPA and other consumer protection statutes. false
Businesses must comply with the law when
or
by Texas Attorney General Greg Abbott
they interact with customers. Texan’s
Complaints filed with the OAG may Texas
Complaints filed with form the basis for a into a company’s business In some cases, significomplaints about a business to legal action to enforce protect the public interest. to investigate or take legal on a number of factors. Investigators learned that targeted customers who did and read English well.
Enforcement actions of the State of Texas and The OAG cannot represent Texans, but some legal restitution for customers. in April, the OAG reached with the owners of Extreme Wellness, Inc., who were to repay hundreds of pre-paid their gym membership The owners of the Lubbock violated the DTPA by $40,700 in advance membership a health club that never The DTPA covers the CURES ARTHRITIS AND CANCER form the basis for a state investigation outstanding debts! With
into a company’s business practices.
by
you’ll only have to pay your
The OAG protects Texans civil enforcement actions under and other consumer protection Businesses must comply with they interact with customers. In some cases, significant numbers of something
percent of what you owe!”
complaints about a business may give rise April,
or salesman uses false
to legal action to enforce state law and General
duress, exaggerations or
protect the public interest. The decision based 1
advertisements to win a Texan’s
to investigate or take legal action is based DTPA
she violates the Texas
Complaints filed with the form the basis for a state into a company’s business In some cases, significant complaints about a business to legal action to enforce state protect the public interest. to investigate or take legal action on a number of factors. on a number of factors. on Practices Act (DTPA).
violate the DTPA by
Enforcement actions are filed on behalf promised
product does something
of the State of Texas and the public good. fuel
cannot do. In April,
The OAG cannot represent individual enhance
the Attorney General
Texans, but some legal actions do produce have
the California based 1
restitution for customers. For example, Freedom’s
with violating the DTPA
in April, the OAG reached an agreement supplies and instructions on
with the owners of Extreme Fitness and DTPA
devices that promised
Wellness, Inc., who were court-ordered customer’s to fuel, reduce fuel
gas mileage and enhance
to repay hundreds of customers who language
performance. Investigators have
pre-paid their gym membership dues. OAG
evidence that 1 Freedom’s
The owners of the Lubbock fitness spa
Houston
violated the DTPA by collecting about complained
also violate the DTPA
$40,700 in advance membership dues for lease
advantage of a customer’s
a health club that never opened.
they
knowledge or language
The DTPA covers the sale, lease and vehicles. In March, the OAG distribution of nearly all goods and services, that salespeople
distribution with the Providers be cited under clients turn an attorney trade practices lawsuit that Consumer the OAG’s protection of consumer Texans who to deceptive complaint much evidence including records of about conversations representatives. with the exception of professional advice. who did not speak
UNDERSTANDING THE
Providers of professional advice would not
DECEPTIVE TRADE be cited under the DTPA if opinions they give Texans by filing
clients turn out to be “wrong.” For example, actions under the DTPA
ACT an attorney could not be sued for deceptive protection statutes.
trade practices for advising a client to file a
with the law when
lawsuit that ultimately failed. customers.
Consumer education is a vital part of with the OAG may salespeople distribution of nearly all goods and services,
the OAG’s mission. The best consumer state investigation not speak with the exception of professional advice.
Providers of professional advice would not
protection is widespread public awareness business practices.
by filing
be cited under the DTPA if opinions they give
of consumer rights and common scams.
cant numbers of
under the DTPA
clients turn out to be “wrong.” For example,
Texans who believe they have been subject business may give rise
protection statutes.
an attorney could not be sued for deceptive
to deceptive trade practices should file a enforce state law and
the law when
trade practices for advising a client to file a
complaint with the OAG and retain as interest. The decision
lawsuit that ultimately failed.
much evidence of wrongdoing as possible, legal action is based
OAG may
Consumer education is a vital part of
including brochures, advertisements, investigation
practices.
the OAG’s mission. The best consumer
protection is widespread public awareness
records of related transactions and notes are filed on behalf
numbers of
of consumer rights and common scams.
about conversations with company and the public good.
may give rise
Texans who believe they have been subject
representatives. represent individual
state law and
to deceptive trade practices should file a
Texans who relied on a deceptive actions do produce
Texans practice make every with the certified, vendor outlining the company situation also consider or consulting litigation. The decision complaint with the OAG and retain as
practice to their detriment also should customers. For example,
action is based
much evidence of wrongdoing as possible,
make every effort to remedy the situation reached an agreement
including brochures, advertisements,
with the vendor. They should send a Extreme Fitness and
led on behalf
records of related transactions and notes
certified, return receipt letter to the were court-ordered public good.
individual
about conversations with company
representatives.
vendor outlining the problem and what
customers who
do produce
Texans who relied on a deceptive
the company should do to make the membership dues.
For example,
practice to their detriment also should
situation right. If that fails, Texans may Lubbock fitness spa
agreement
make every effort to remedy the situation
also consider suing in small claims court
collecting about
Fitness and
with the vendor. They should send a
or consulting an attorney about civil membership dues for
court-ordered
litigation.
certified, return receipt letter to the
opened.
customers who
vendor outlining the problem and what
the sale, lease and membership dues.
fitness spa
the company should do to make the situation right. If that fails, Texans may








