Austin Business Law Attorney

About Deceptive Trade Practices

The Texas Deceptive Trade Practices Consumer Protection Act (DTPA) was designed to protect consumers from deceptive business practices, unconscionable actions, and breaches of warranty. In the DTPA, a consumer is any person who seeks or uses any goods or services whether by purchase or by lease. If your company or corporation has been accused of violating the DTPA, it would be in your best interests to contact an Austin business law attorney without delay. Under the DTPA, there are numerous unlawful acts which are considered deceptive trade secrets and they include:

• Breach of Warranty - This can be a verbal or written warranty, a product is expected to do what it was ordinarily intended to do, and it is expected to do what the sales person said it would do. When the product fails to uphold to its expected standards of performance, a breach of warranty may have occurred.
• Unconscionable Acts - This occurs when the seller takes advantage of the consumer's lack of ability, experience, knowledge and capabilities to a gross degree.
• False, Misleading and Deceptive Acts - There are many ways that a business or corporation can supply false or misleading information to the public, as well as deceptive acts. This may include: causing confusion about the source or certification of goods or services, explicit or implicit representation that goods have ingredients, sources, or benefits that they do not have, falsely representing that goods have a certain quality, representing recondition goods as new, falsely representing facts, making false claims and more.

Defense Against Deceptive Trade Practices Claims in Austin

Claims against a corporation stating that they violated the DTPA are not to be taken lightly. If the court finds that the seller's conduct was committed knowingly and intentionally, then the court may award economic damages to the injured party. Furthermore, the court may award damages for mental anguish in addition to the economic damages. Such damages can cost a business thousands if not hundreds of thousands of dollars or more, if your business is being accused of violating the DTPA, contact attorney D. Scott Heselmeyer immediately.

If the injured party files a lawsuit against your company, damages may include: economic and mental anguish damages, an injunction, additional damages, a restoration order, court costs, attorneys fees, interest, revocation of your license or certificate to do business among any other relief that the court feels would be appropriate. Mr. Heselmeyer will be able to fully represent your interests during the legal process as well as search for and unearth any applicable mitigating circumstances that may help you reach a favorable case result. You are urged to contact the firm right away to schedule a no-obligation consultation.

To protect your business against deceptive trade practices accusations, contact an Austin deceptive trade practices defense lawyer from the firm today.