CONSUMER LAW

Question 1

This law provides the legal basis for protecting TX consumers from deceptive trade practices.

Answer 1

** What is the Deceptive Trade Practices Act (DTPA)?

Question 2

Tangible personal property or real property that is leased or purchased for use.

Answer 2

** What goods are covered by the DTPA?

Question 3

Labor or work leased or purchased for use, including those provided in connection with the repair or sale of goods.

Answer 3

** What services are covered by the DTPA?

Question 4

A person includes Individuals, partnerships, corporations, associations and other groups.

Answer 4

** What persons are covered by DTPA?

Question 5

A practice or act that, to the detriment of a consumer, takes advantage of the consumer’s lack of knowledge, experience, ability or capacity to “to a grossly unfair degree.”

Answer 5

*** What is an unconscionable action or course of action?

Question 6

Any trade and commerce that affect the people of TX falls under this act. “The advertising, offering for sale,

Answer 6

** What trade and commerce is covered by the DTPA?

Question 7

This act applies if the fact pattern of a Consumer law question: 1) describes parties and a situation to which the DTPA applies; 2) a plaintiff consumer’s claims can be made based on a DTPA violations (i.e. actionable conduct); and 3) the defendant’s violation is a producing cause (i.e. causation) of damages under the DTPA.

Answer 7

** When does the DTPA apply to a Consumer Law fact pattern?

Question 8

If a fact pattern includes grounds for tort claims related to or in additional to other statutory claims under the DTPA, the Texas Insurance Code, or the Texas Debt Collection Practices Act (TDPCA).

Answer 8

TT: When should tort claims and other statutory claims be discussed in a Consumer Law question?

Question 9

If the fact pattern includes a statement to the effect that a person is a consumer pursuant to TX consumer law.

Answer 9

TT: When should you NOT spend anytime discussing whether a person/entity is considered a consumer under TX law?

Question 10

Four actionable claims under this act: 1) any false, misleading, or deceptive acts or practices listed in the DTPA that a person employs or uses and that a consumer relies upon to the consumer’s detriment; 2) breach of warranty, either implied or express; 3) a person’s unconscionable action or course of action; and 4) a person’s specific practice or act in violation of the Texas Insurance Code.

Answer 10

** When does a consumer have standing to assert a DTPA claim when a DTPA ‘a producing cause’ of the consumer’s economic damages or mental anguish damages? And what four claims are actionable?

Question 11

Fase, misleading or deceptive acts or practices that make trade unlawful, include: passing off goods and services as the goods and services of another; representing that goods possess uses, benefits that they do not; representing that goods are new or original; and knowingly making false statements of fact.

Answer 11

** What is the unlawful deceptive trade practices laundry list?

Question 12

Three types of damages: 1) Economic damages; 2) Mental Anguish damages; 3) Actual damages

Answer 12

** What types of damages are available under the DTPA?

Question 13

Both penalties and damages cannot be allowed under both DTPA and another law for the same practice or act — in other words, no double recovery.

Answer 13

** What is a cumulative remedy?