DTP and Consumer Protection Part II Flashcards
In what year did the Texas Legislature enact the Texas Deceptive Trade Practices Act, Consumer Protection Law?
1973
What is the stated purpose of the DTPA?
To protect consumers against false, misleading, and deceptive business practices, breaches of warranty, and unconscionable actions and to provide efficient and economical procedures to secure such protection
What is the factor which would cause the injury and without which the injury would not have occurred?
Producing cause
The DTPA mandates the award of attorneys’ fees to whom?
The prevailing consumer
In recent decisions, the following have been held inapplicable under the DTPA:
Doctrine of substantial performance
The parol evidence rule
Waiver and estoppel
One of the few statutory defenses is reliance on written information provided to the defendant by another. To use this defense, the defendant must also show what?
That he or she gave the consumer reasonable and timely written notice of the defendant’s reliance
The application of what law does not apply to the DTPA and why?
Common law does not apply because DTPA does not represent the common law.
Mediation must be held within how long of the request for mediation?
30 days
An action under the DTPA must be brought within how long after the date in which the false, misleading, or deceptive act occurred?
2 years
What is the best way to avoid misrepresentation claims?
Ask questions and investigate
The standard of proof in arbitration rests on whom?
The party requesting arbitration
If a purchaser seeks assistance from another broker, the arbitration panel will want to determine what?
Why the purchaser abandoned the first broker
If a matter is technical and important, what should you suggest to the seller?
Bring in expert assistance
In 1973
the Texas Legislature enacted the Texas Deceptive Trade Practices Act, Consumer Protection Law. The DTPA was recognized as one of the foremost consumer protection statues in the United States.
Persons who are not consumers
may not use the Act