The Texas Deceptive Trade Practices Act (DTPA) is a consumer protection law that was established by the Texas Legislature to address claims by consumers for fraudulent or deceptive business practices. Many people are often concerned, when they purchase a product or service, that the business they bought the product from will fail to deliver on their part of the transaction. Consumers can get help from the provisions in the DTPA. As a consumer who has been a victim of consumer fraud, you may be entitled to financial compensation for your damages.
How Does the DTPA Work?
The legislature wanted the consumers to have to first address their concerns in writing prior to being able to file a lawsuit. The DTPA requires the consumer to gather their information and put the business on notice prior to filing a claim. If you believe that you have a case that involves your rights under the Texas DTPA, you or your lawyer must first notify the alleged violator of your complaint and allow 60 days for a response. In many cases, a DTPA lawyer can look at all of the provisions of the DTPA and help you propose a settlement offer that can then be accepted or rejected. If the details of an offer are not to you and your attorney’s satisfaction and the time for settlement expires, a lawsuit may be filed.
Is there a Time Limitation on Filing Your DTPA Claim?
You only have two years from the date the deceptive act or practice occurred to file a DTPA lawsuit. There are some variations on the time having to do with when you may have found out about the problem or the notice letter, but you should consult with an attorney about the exact deadlines related to filing your notice letter and your petition.