Providing Notice

If you have a DTPA complaint, the law requires providing written notice before you can sue. This gives both parties a chance to avoid going to court.

Written Notice

According to Section 17.505 of the Texas Business & Commerce Code, the consumer must provide the seller with written notice of their complaint at least 60 days before filing a lawsuit.

The written notice must include:

reasonable detail of the complaint; and
the amount of any potential damages.

Section 17.505 of the Texas Business & Commerce Code
This section of the Texas Business & Commerce Code describes what is required when a consumer seeks to provide notice to a merchant prior to a DTPA lawsuit.

Mediation & Settlement

Sections 17.5051 and 17.5052 of the Texas Business & Commerce Code list mediation and settlement as potential remedies for consumer complaints.

Section 17.5051 of the Texas Business & Commerce Code
This section of the Texas Business & Commerce Code discusses mediation and how to complete the process legally.
Section 17.5052 of the Texas Business & Commerce Code
This section of the Texas Business & Commerce Code discusses offers of settlement and how they are handled by the court.
Mediation
TexasLawHelp.org provides this FAQ page addressing the most common questions related to mediation.
Mediation & Alternative Dispute Resolution
Information from the State Office of Administrative Hearings on mediation and alternative dispute resolution (ADR).
Dispute Resolution
The library has compiled this list of organizations in Texas that offer alternative dispute resolution and/or mediation services.

Filing a Lawsuit

Sections 17.50 and 17.506 of the Texas Business & Commerce Code outline the relief consumers can receive if a merchant violates the Deceptive Trade Practices Act. If a consumer wins their lawsuit against the merchant, they may be eligible for:

up to three times the amount of economic damages; and/or
up to three times the amount of damages for mental anguish; and/or
"reasonable and necessary" attorneys' fees and court costs.

Damages

Section 17.50 of the Texas Business & Commerce Code
This section of Texas Business & Commerce Code discusses Texas law and consumer relief.
Section 17.506 of the Texas Business & Commerce Code
This section of the Texas Business & Commerce Code discusses damages that can be awarded during a DTPA lawsuit/case.

Who is liable?

Who can be sued under the DTPA?
This brief explanation from TexasLawHelp.org describes who can be held liable under the DTPA.

Statute of Limitations

Section 17.565 of the Texas Business & Commerce Code
This section of the Texas Business & Commerce Code sets out the statute of limitations to file a lawsuit over a DTPA violation. Generally speaking, a consumer has two years after the date on which the violation occurred, or within two years after the consumer discovered that deception took place.

Exemptions to the DTPA

Section 17.49 of the Texas Business & Commerce Code
Some institutions and individuals may be exempt from certain lawsuits under the DTPA. See Section 17.49 for more details.

Civil Litigation

Civil Litigation in Texas: The Basics in Three Phases
This article from TexasLawHelp explains the general process of civil litigation and illustrates the complexities involved.

Who can I contact?

Government agencies do not assist with filing lawsuits, but some agencies and non-profits accept consumer complaints.

Government Agencies

Texas Attorney General - File a Consumer Complaint
The office of the Texas Attorney General accepts consumer complaints.
Federal Trade Commission - Filing a Complaint
The Federal Trade Commission allows you to file a consumer complaint.
Consumer Financial Protection Bureau
This page from the Consumer Financial Protection Bureau allows consumers to submit a wide variety of complaints including complaints against mortgage companies, credit card companies, banks, credit reporting agencies, and money transfer companies.
Office of Consumer Credit Commissioner (OCCC)
The mission of the OCCC is to regulate the credit industry and educate consumers and creditors in Texas. They assist consumers who have experienced misrepresentation, fraud, and deceptive practices on the part of the businesses it regulates. Those businesses consist of Texas non-depository lenders: finance companies, pawnshops, home equity lenders, junior lien mortgage lenders, payday lenders, signature loan companies, and retailers who provide financing for their goods (including motor vehicle and manufactured home dealers). They offer a toll-free helpline for consumers to contact them directly with complaints and questions about the businesses licensed or registered with the OCCC. Call the consumer assistance help-line at 800-538-1579 or submit a complaint online.

Non-profit Organizations

National Consumer League's Fraud Center
National Consumer League's Fraud Center, part of the National Consumer League, accepts complaints of internet fraud and telemarketing fraud.
Better Business Bureau (BBB)
The BBB accepts complaints regarding disagreements between businesses and consumers. This page discusses what type of complaints they handle and how those complaints are handled. It provides a link to start a complaint.

Books & E-Books

E-Books

Texas residents can access e-books with a free library account.

Texas DTPA forms & practice guide
The Deceptive Trade Practices Act (DTPA) is the leading consumer protection legislation in Texas. This e-book provides comprehensive, in-depth, and practical information as well as forms and checklists for those involved in a DTPA lawsuit.
The lawyer's guide to the Texas Deceptive Trade Practices Act
This thorough treatment of the laws surrounding the Texas Deceptive Trade Practices Act contains the most current research. Coverage includes proper party plaintiffs and defendants, breach of warranty, unconscionability, the insurance code, and interaction with other laws. This annually updated publication contains case law information and appendices with historical versions of the DTPA.
Consumer protection law in a nutshell
"This reliable source explores traditional and emerging areas in consumer protection law. Federal and state law dealing with consumer transactions is covered, including caselaw and statutes. The volume begins with an overview of public (both FTC and CFPB) and private enforcement actions to regulate the marketplace. The remaining chapters track the legal aspects of consumer transactions in a roughly chronological fashion, starting with advertising and marketing, consumer privacy, credit reports and identity theft, and equal access to credit. The discussion continues with coverage of mandated disclosures as well as substantive protections for consumers under the federal credit laws, especially the Truth in Lending Act (TILA), including installment sales, credit cards and real estate related financing." - publisher's description
Unfair and deceptive acts and practices
Part of the Deception and Warranties Library from the National Consumer Law Center, the eighth edition of this title provides a broad overview of unfair and deceptive acts and practices law. Specific chapters focus on scope, demonstrating a UDAP violation, credit and collections, motor vehicle sales, home related transactions, litigating a UDAP case, private remedies, and state agency enforcement.
Consumer warranty law : lemon law, Magnuson-Moss, UCC, manufactured home, and other warranty statutes
"The definitive consumer litigation treatise concerning defective new and used cars (including leased vehicles), manufactured homes, new homes, home improvements, automobile repairs, service contracts, assistive devices, and more." - publisher's description
Federal deception law : FTC and CFPB rules, RICO, False Claims Act, telemarketing, debt relief, and parallel state statutes
"This treatise covers federal and parallel state statutes that prohibit broad categories of merchant or creditor conduct and is an essential companion for any attorney handling deception or consumer credit cases." - publisher's description

Books

Available when you visit the library in person.

Texas DTPA forms & practice guide [print book]
Call Number: KFT 1609 B7
Consumer rights and remedies [print book]
Call Number: KFT 209 T4

This title covers a wealth of consumer law topics and serves as a great tool for anyone wishing to research consumer laws on warranties. It also includes practice tips for those who are currently involved in litigation.
Texas consumer law handbook [print book]
Call Number: KFT 209 T4

This title is part of the Texas Practice Series. Chapter 2 subchapter H contains the Contest and Giftaway Act and subchapter I contains the Sweepstakes Act.
West's Texas forms [print book]
Call Number: KFT 170 W4

Chapter 33 of Volume 10 of West's Texas Forms contains forms that may be of use to those filing in small claims court.

Note The library cannot tell you what the law means for your situation.

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Consumer Protection