IV. TIE-IN STATUTES

Question 1

definition

Answer 1

definition
The Texas Deceptive Trade Practices Act (DTPA) permits a claim to be brought by a consumer through it based on other state statutes. These statutes that cross-reference the DTPA are generally referred to as “tie-in” statutes because they permit their provisions to be tied into the more beneficial remedies available under the DTPA. All of the “tie-in” statutes deal with areas of law that may affect consumers.

there are more than 30 tie-in statutes, the key is to recognize if something is a tie-in statute and know the consequences

Question 2

major benefit

Answer 2

There is one major and very significant benefit of using a tie-in statute to bring a claim under the DTPA—damages are measured by the “actual damages” standard rather than economic loss.

almost all of them prohibit misrepresentation and deception in a specific context

***if a DPTA claim is brought through a tie-in statute, recovery is actual damages, and up to 3 times actual damages if the D. acted knowingly

way to ask:
question of DTPA; 
what if the claim is also brought under 
another statute (almost always tie-in)
prohibit misrepresentation and deception

when there is tie-in: 3 claims
1, violation of tie-in: like violation of the DCA (misrepresentation)
2, violation of pure DTPA statute
3, tie-in claim: under the tie-in through the DTPA
and damages under each