The consumer protections set out in the Deceptive Trade Practices Act seem to have escaped notice in a session of the Texas Legislature otherwise notable for corporate and insurance friendly changes to Texas law. The DTPA continues to authorize economic damages, mental anguish, treble damages, costs and attorneys’ fees based upon a finding of a false, misleading or deceptive trade practice. If the Defendant’s violation of the DTPA is found to be committed “knowingly” then the jury may award additional damages up to three times the amount of the economic damages. If the jury finds that the Defendant’s violation of the DTPA was “intentional” then the additional damages may be in an amount not more than three times the economic and mental anguish damages. Although the Act has undergone a number of changes including exempting personal injury and medical malpractice claims from the Act in continues to be a powerful consumer protection tool.
For more information contact a Tyler Deceptive Trade Practices Attorney.