Unlawful Acts Under the DTPA

Protect Yourself

Breach of Warranty

  1. Express Warranty: Written or verbal warranty
  2. Merchantable: Good can do what good is ordinarily used for
  3. Fitness: Good can do what the sales person said it would do

Unconscionable Acts

  1. Seller takes advantage of consumers lack of knowledge, ability, experience, or capacity to a grossly unfair degree

Any False, Misleading or Deceptive Act

  1. The following acts must also be relied on by a consumer to the consumer's detriment (not exhaustive)
  2. Passing off goods or services as those of another
  3. Causing confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods or services
  4. Causing confusion or misunderstanding as to affiliation, connection, or association with, or certification by, another
  5. Using deceptive representations or designations of geographic origin in connection with goods and services
  6. Explicit or implicit representation that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities which they do not have or that a person has a sponsorship, approval, status, affiliation, or connection which he does not
  7. Representing that goods are original or new if they are deteriorated, reconditioned, reclaimed, used, or secondhand
  8. 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
  9. Disparaging the goods, services, or business of another by false or misleading representation of facts
  10. Advertising goods or services with intent not to sell them as advertised
  11. Advertising goods or services with intent not to supply a reasonable expectable public demand, unless the advertisements disclosed a limitation of quantity
  12. Making false or misleading statements of fact concerning the reasons for, existence of, or amount of price reductions
  13. Representing that an agreement confers or involve rights, remedies, or obligations which it does not have or involve, or which are prohibited by law
  14. 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.

Contact Clausell Law Firm, consumer law attorney today.