The Deceptive Trade Practices Act protects Texas consumers against false, misleading or deceptive practices by businesses. It applies when businesses sell products for commercial purposes with the intent to make a profit.
However, it is important to understand your protections under the Deceptive Trade Practices Act. Therefore, these are examples of violations you may encounter.
Any type of false advertising is a violation of this act. Therefore, if a business advertises a product, but misrepresents or intentionally muddles the source, approval, certification, age, ingredients, grade, model, style or any other information about the product, that company has violated the act.
Companies also cannot misrepresent products from other companies, including altering the facts about their goods. The act also protects against advertising a product for one price but selling it for a higher price in the store. This includes bait-and-switch advertising. Businesses also cannot lie about availability, location, dates and warranties or provide confusing information about their interest rates in their advertising.
Business tactics or practices
Deceptive business practices may include impersonations of other companies’ goods and services, claiming that used items are new and using inaccurate scales or measurements. In addition, if you work with a service company that does not tell you pricing until it is too late, such as a mechanic who tears apart your vehicle before telling you the cost of the repair, the business violates the law. The failure to disclose known defects also violates the act.
Unfair or unreasonable contracts also violate this act. Companies cannot participate in high-pressure collections or sales practices. They also cannot commit crimes or take advantage of emergencies.
For the best results, provide the company with written notice of its violation, and have patience. Resolution may take time.