Deceptive Trade Practices Lawyer in San Antonio

Name: Scheuerman Law Firm, PLLC
Telephone: (210) 236-0500
Price range: Free Consultation

In business, deceptive trade practices can cause financial harm, damage a company’s reputation, and cause long-term legal consequences.

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San Antonio Deceptive Trade Practices Attorney

If your business has been adversely affected by deceptive trade practices or is facing accusations of such practices, it is crucial to understand your options under the law. Our experienced deceptive trade practices attorney in San Antonio can provide sound legal guidance and help protect the rights and interests of your business in court.

What Constitutes Deceptive Trade Practices?

Deceptive trade practices are activities meant to mislead the public into purchasing a product or service. They are actions or omissions that deceive consumers. The following are some common examples:

Bait and switch tactics: Advertising a low price for a product to lure in consumers, then pushing them to purchase a more expensive item.
False advertising: Making misleading statements about the qualities or performance of a product.
Misrepresentation of products or services: Claiming features, uses, or benefits that products or services do not have.
Failing to disclose important information: Omitting crucial details about a service or product that may influence consumers’ purchasing decisions.
Unauthorized substitutions: Delivering goods or services significantly different from what was promised or advertised.
Selling counterfeit goods or services: Passing off goods or services as those of another.
Odometer tampering: Turning back, resetting, or disconnecting the odometer of a vehicle to reduce the mileage indicated.

What Is the Law on Deceptive Trade Practices in Texas?

Consumers in Texas are provided with robust protections under the Deceptive Trade Practices Act (DTPA). A consumer who wins a case under this act may be entitled to recover up to three times the amount of economic damages if the business’s conduct is found to have been intentional or was known. While this law is designed to prevent businesses from taking unfair advantage of consumers, it also provides pathways for businesses to defend against unfair or unwarranted claims.

Can a Business Sue Another Business for Deceptive Trade Practices?

In Texas, a business can sue another business for deceptive trade practices if it purchased or leased goods or services for business purposes that fall within the protections of the DTPA. A business must have sought or acquired goods or services for business purposes rather than for resale to qualify as a consumer under this act. In addition, the purchase must involve goods or services valued at $500,000 or less unless the claim involves a consumer’s residence. This law does not apply to transactions involving a written contract for more than $100,000 in which an attorney represents the consumer (excluding a consumer’s residence).

What Are Some Common Claims Under the Texas DTPA?

Deceptive Trade Practices Act claims against businesses arising from misunderstandings or miscommunications can still lead to costly litigation. The following are some common DTPA claims:

Breach of warranty: The act covers both express and implied warranties. A business that fails to fulfill a promise related to a product or service could be sued under the DTPA.
Defective products or services: If products or services do not perform as advertised or defects are not disclosed, consumers may have grounds for claims.
False advertising: Accusations of false claims for products or services in marketing materials can lead to lawsuits under the state statute.
Failure to disclose: A business that fails to disclose information about products or services that would impact a consumer’s purchasing decision can be held liable.

How Can a Deceptive Trade Practices Lawyer Help?

Whether your business has a claim under the DTPA or is facing allegations of deceptive trade practices, contact Scheuerman Law Firm for strategic and effective legal counsel. Our board-certified business litigation attorneys in San Antonio are aggressive but professional. We are committed to direct communication, personal attention, and client results.