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Many states and the federal government have enacted consumer protections laws protecting the consumer from deceptive acts perpetrated by corporations. These laws have increased penalties for knowingly or intentionally violating them including but not limited to punitive/exemplary damages and attorney fees shifting statutes. It is important to stay abreast of these laws so that you are in full compliance with them to minimize your risk of being sued by your consumers. 

These consumer protection laws are numerous and require competent counsel to help navigate them. Below find an incomplete list of these laws enacted in Texas and through Federal statute. If you feel that you have been taken advantage of then find the most relevant statute listed below and see if it applies to your situation. Even if you don't find a statute that is relevant below that doesn't mean that there isn't one that applies to your situation. Contact the Hansley Law Firm PLLC and we will investigate your case to let you know the best way to proceed.

The Deceptive Trade Practices Act (DTPA) is Texas's primary consumer protection statute.  The statute prohibits a list of deceptive trade practices deemed to be false, misleading or deceptive. The DTPA gives consumers the right to sue for damages.  Consumers who win a suit brought under the DTPA, are entitled to attorney's fees, and if they show the person acted "knowingly," they can receive damages of up to three times their damages.  Other consumer protections statutes tie in to the DTPA and allow consumers to sue under the DTPA for violation of those other statutes.   

 

Deceptive Trade Practices-Consumer Protection Act:

 

Other Consumer Protection Statutes, targeting specific industries and specific transactions:

 

The Timeshare Act: 

 

Contest and Gift Giveaway Act: 

 

Business Opportunity Act: 

 

Health Spa Act: 

 

Telephone Solicitation Act: 

 

Regulation of Telephone Solicitation Act: 

 

Regulation of Consumer Reporting Agencies Act: 

 

Credit Services Organizations Act: 

 

The Insurance Code applies to only insurance related matters.  Similar to the Deceptive Trade Practices Act, the Insurance Code prohibits false, deceptive and misleading acts and practices. People who are injured by a violation of this law may recover damages, possible treble damages, as well as attorneys' fees.

 

541 of the Texas Insurance Code

 

The Debt Collection Act covers any conduct by a person trying to collect a consumer debt.The Act prohibits practices that are false, deceptive, harassing or abusive.  It supplements the federal debt collection act that applies to only third party debt collectors who are collecting debts for someone else.

Debt Collection Act:

The Fair Debt Collection Practices Act:

Telephone Consumer Protection Act:

Liability for Lost or Stolen Credit Card 15 United States Code § 1643

Liability for Unauthorized Credit Card Charge12 Code of Federal Regulations § 226.12

Liability for Lost or Stolen Debit Card15 United States Code § 1693

Billing Errors - 15 United States Code § 1666

 

Billing Error Rules Code of Federal Regulations § 226.13

Credit Reporting 15 United States Code § 1681

The Motor Vehicle Warranty Performance Obligations Statute contains what is known as the lemon law.  The lemon law gives the owner of a defective car the right to obligate the manufacturer of that defective car to buy it back. A lemon is defined as a car that has a serious defect that has been reported within the warranty term and has not been repaired in a reasonable number of attempts.  The lemon law begins with section 6.07 of article 4413(36).  "Warranty Performance Obligations" is the heading that begins the lemon law portion of the statute, but keep in mind, the actual phrase "lemon law" is not used in the statute.

 

Motor Vehicle Warranty Performance Obligations (a/k/a Lemon Law):

 

The Manufactured Housing Standards Act sets forth provisions to protect consumers of mobile homes. 

 

Manufactured Housing Standards Act:

 

The Business and Commerce Code, which is the basic commercial law of Texas, is a uniform law, which in effect means that many states have adopted the same code.   

 

Commercial Sales:  

Commercial  Leases:  

Commercial  Negotiable Instruments:  

Bank Deposits and Collections:  

Commercial  Secured Transactions:  

 

Title 4 of the Finance Code provides consumer protections to those individuals who borrow money or finance purchases of goods or services.

Title 4 of the Finance Code: Consumer Loans, Pawn Shops, Credit Sales of Goods and Services, Motor Vehicles and Manufactured Housing

Consumer Loans:  

Pawn Shops:  

Credit Sales of Goods and Services:  

Motor Vehicles:  

Manufactured homes:  

The Landlord and Tenant provisions of the Texas Property Code, provide consumers protections against wrongful refusal to return security deposits, utility cutoffs, retaliatory evictions, landlord repairs, and other practices. 

Landlord and Tenant

 

The Residential Construction Liability Act sets forth the procedures consumers need to follow should they wish to make a claim against a home re-modeler or builder.  This statute does not provide a cause of action against a builder or re-modeler; rather, it establishes notice requirements that must be met before any lawsuit is filed.

Residential Construction Liability Act:

 

The Texas Fair Housing Act protects consumers in the housing market from unlawful discrimination.

 

Texas Fair Housing Act:

 

The Occupations Code regulates various professionals and industries, such as acupuncturists, dentists, health spas and credit services.

 

Regulated Professions and Industries:

 

Examples of Regulated Professions:

Litigation - Consumer