Facing Unfair Business Practices in Texas?
If you believe a Texas business has deceived you through false advertising, sold you defective products, or engaged in predatory practices, a consumer protection lawyer can help you fight back. Texas law provides powerful tools to hold companies accountable, particularly through the Texas Deceptive Trade Practices Act (DTPA), which allows consumers to recover damages and attorney fees when businesses violate consumer protection standards.
The Wood Law Firm specializes in Texas consumer protection cases, helping individuals recover compensation for fraud, deceptive practices, and unfair business conduct. If you believe you’ve been victimized by illegal business practices, understanding your rights under Texas law is your first step toward justice.
What the Texas Consumer Protection Law Covers
Texas consumer protection law safeguards residents from fraudulent, misleading, and deceptive business practices. The Texas Deceptive Trade Practices Act (DTPA), found in Chapter 17 of the Texas Business and Commerce Code, serves as the primary legal tool protecting consumers throughout the state.
The Texas DTPA’s Broad Protection
The DTPA covers virtually any business transaction involving goods or services, from small purchases to major investments. The Act allows individuals to sue anyone who makes false, misleading, or deceptive statements in the course of business, including partnerships, corporations, and individuals.
Protected transactions include:
- Purchase or lease of goods and services
- Real estate transactions
- Vehicle sales (new and used)
- Home repairs and contractor services
- Insurance products
- Franchise purchases
- Commercial leases
What Qualifies as a DTPA Violation
Section 17.46(b) of the Texas Business & Commerce Code prohibits “false, misleading, or deceptive acts or practices in the conduct of any trade or commerce”. The law lists 27 specific prohibited practices, commonly called the “laundry list” of violations.
Common DTPA violations include:
- Representing goods or services as new when they’re used or refurbished
- Failing to disclose known defects or problems with products
- Causing confusion about the source or origin of products
- Advertising goods with no intent to sell as advertised
- Misrepresenting a salesperson’s authority
- Altering vehicle odometers before sale
- Making false claims about product characteristics, benefits, or qualities
- Failing to disclose information that would affect a consumer’s purchase decision
Unconscionable Actions Under Texas Law
Beyond the specific laundry list, the DTPA prohibits “unconscionable actions.” An unconscionable act takes advantage of a person’s lack of knowledge, ability, experience, or capacity to a grossly unfair degree. This catch-all provision protects consumers even when specific violations aren’t explicitly listed.
How Texas Consumer Protection Lawyers Help You
Consumer protection attorneys in Texas specialize in identifying violations, building cases, and recovering compensation for victims of unfair business practices. Their expertise in state and federal consumer protection laws makes them invaluable advocates when you believe you’ve been wronged.
Legal Representation and Advocacy
Texas consumer protection lawyers handle every aspect of your case, from initial investigation through trial if necessary. They gather evidence, interview witnesses, consult experts, and build compelling arguments that demonstrate how businesses violated your rights under the DTPA.
Negotiating Settlements
Many Texas consumer fraud cases settle before trial. Experienced attorneys negotiate with businesses and their insurers to obtain fair compensation without the time and expense of litigation. Their knowledge of case values and settlement strategies often results in better outcomes than consumers could achieve alone.
Recovering Attorney Fees
If you win your suit and prove that the defendant knowingly deceived you, you may be eligible to recover up to three times your damages. Additionally, successful plaintiffs can recover attorney fees and court costs, meaning the defendant pays your legal expenses. This fee-shifting provision makes legal representation accessible even for smaller claims.
Free Consultations and Contingency Fees
The Wood Law Firm offers free initial consultations to evaluate your case at no cost. We work on contingency fees, meaning you pay nothing unless we win. This arrangement eliminates financial barriers and ensures skilled legal representation is available regardless of your economic situation.
Common Texas Consumer Protection Cases
Texas consumer protection lawyers handle diverse cases involving various industries and business practices. Understanding common case types helps you recognize when you may have grounds for legal action.
Identity Theft and Consumer Fraud
Identity theft causes devastating financial and personal damage. Victims face unauthorized charges, drained bank accounts, fraudulent loans, and destroyed credit scores. The emotional toll compounds financial losses, leaving victims feeling violated and helpless.
Texas consumer protection lawyers help identity theft victims recover stolen funds, correct fraudulent credit report entries, and hold responsible parties accountable. They work with law enforcement, credit bureaus, and financial institutions to restore your identity and financial standing.
Credit Report Inaccuracies
The Fair Credit Reporting Act (FCRA) regulates how credit bureaus collect, maintain, and distribute consumer credit information. Errors on credit reports can destroy your financial life, preventing loan approvals, increasing interest rates, and even costing job opportunities.
Common credit report errors include:
- Accounts that don’t belong to you
- Incorrect payment histories
- Accounts showing as open when they’re closed
- Incorrect credit limits
- Duplicate accounts
- Outdated negative information that should have been removed
Texas credit report lawyers help clients dispute inaccuracies, force credit bureaus to correct errors, and recover damages when bureaus fail to follow proper procedures. They understand FCRA requirements and hold credit bureaus accountable for maintaining accurate information.
Predatory Business Practices
Predatory businesses exploit consumers through deceptive tactics designed to maximize profits at consumers’ expense. These practices often target vulnerable populations, including older consumers, non-English speakers, and those with limited financial literacy.
Common predatory practices include:
- Payday loans with exorbitant interest rates
- Subprime mortgages with hidden terms
- Auto title loans with unfair repossession clauses
- Rent-to-own schemes with inflated total costs
- Timeshare sales using high-pressure tactics
- Home repair scams charging for unnecessary work
Texas consumer protection attorneys identify these exploitative practices, challenge them under the DTPA, and help victims recover compensation while deterring future misconduct.
Defective Products
Defective products cause injuries, property damage, and financial losses. Texas law recognizes three types of product defects:
- Design defects: Inherent flaws in product design making them unreasonably dangerous
- Manufacturing defects: Problems occurring during production that deviate from design specifications
- Marketing defects: Inadequate warnings or instructions about proper use and risks
Consumer protection lawyers handle defective product cases ranging from dangerous children’s toys to faulty appliances, contaminated food products, and defective vehicles.
Fighting Debt Collector Harassment in Texas
The Fair Debt Collection Practices Act (FDCPA) establishes federal rules prohibiting abusive debt collection tactics. Texas law provides additional protections beyond federal requirements.
What Debt Collectors Cannot Do?
Debt collectors violate federal law when they:
- Call before 8:00 AM or after 9:00 PM
- Contact you at work after being told your employer prohibits such calls
- Discuss your debt with third parties (family, friends, neighbors, employers)
- Use profane or abusive language
- Threaten violence or harm
- Make repeated calls intended to harass
- Falsely claim to be attorneys or government officials
- Threaten arrest or criminal prosecution
- Misrepresent debt amounts or legal consequences
If you believe debt collectors have engaged in harassment from debt collectors, Texas consumer protection lawyers can stop the harassment and pursue damages on your behalf.
Debt Validation Rights
Debt collectors must send written validation notices within five days of initial contact. These notices must include:
- The amount of debt claimed
- The name of the original creditor
- Your right to dispute the debt within 30 days
- Your right to request original creditor information
If you dispute the debt in writing within 30 days, collectors must cease collection until providing verification. Continuing collection without validation violates federal law.
Recovering Damages for FDCPA Violations
Successful FDCPA cases result in statutory damages up to $1,000 per lawsuit, actual damages for emotional distress and financial harm, and attorney fees paid by the violating collector. These remedies make it financially feasible to hold abusive collectors accountable.
Class Action Lawsuits for Texas Consumers
Class action lawsuits consolidate similar claims from multiple consumers into single cases, providing efficient mechanisms to address widespread corporate misconduct affecting numerous individuals.
Benefits of Class Actions
Class actions offer several advantages:
- Access to Justice: Individuals with small claims can pursue cases that wouldn’t be economically viable alone
- Efficiency: Courts handle dozens or hundreds of similar claims in one proceeding
- Consistency: All class members receive similar treatment and outcomes
- Deterrence: Large settlements and verdicts discourage future misconduct
Notable Texas Class Action Results
Texas consumer protection lawyers have secured significant class action settlements:
- Bayer Pharmaceuticals: $350 million recovery for consumers harmed by defective medication
- Home Depot Data Breach: $27 million recovery for financial institutions affected by security breach
- Chipotle False Advertising: Pending $6.5 million settlement for misleading menu claims
These cases demonstrate class actions’ effectiveness in holding large corporations accountable and compensating harmed consumers.
How to File a DTPA Claim in Texas
When you are ready to file a DTPA lawsuit, you cannot go straight to court and file your claim. The DTPA requires that you give written notice of your problem to the merchant or seller at least 60 days before you can file suit in court.
Pre-Suit Notice Requirements
Your written notice must include:
- Detailed description of the deceptive practice or violation
- Specific DTPA sections you believe were violated
- Amount of damages you’re claiming
- Statement that this letter serves as prerequisite notice before filing suit
- Warning that if the claim isn’t resolved within 60 days, you will file suit
Send this notice via certified mail with return receipt to prove delivery.
Settlement Offers During the 60-Day Period
If the business makes a settlement offer equal to or greater than the damages ultimately awarded, they may avoid additional penalties. This encourages early resolution and protects businesses that promptly address legitimate complaints.
Statute of Limitations
Most DTPA claims must be filed within two years of discovering the violation. Some violations, by their very nature, are concealed or difficult to detect. In these cases, the consumer has a longer time within which to file suit; two years after they discovered, or in the exercise of reasonable diligence should have discovered, the occurrence of the false, misleading, or deceptive act or practice.
Don’t delay consulting a Texas consumer protection lawyer; time limits strictly apply, and missing deadlines can forfeit your rights permanently.
Damages Available Under the Texas DTPA
The DTPA provides substantial remedies for successful claims:
Economic Damages
Economic damages compensate for actual financial losses, including:
- Money paid for goods or services
- Property damage
- Lost wages
- Cost of repairs or replacements
- Medical expenses from defective products
- Credit damage costs
Treble Damages for Knowing Violations
If you prove that the defendant knowingly deceived you, you may be eligible to recover up to three times your damages. This provision punishes egregious conduct and deters future violations.
“Knowing” conduct means the business was aware their actions violated the DTPA or that their representations were false. You don’t need to prove intentional fraud—only that they knew or should have known their conduct was improper.
Mental Anguish Damages
In cases involving knowing violations, you may also recover for mental anguish, emotional distress, and harm to reputation caused by the deceptive practices.
Attorney Fees and Court Costs
Unlike most civil cases where each party pays their own legal expenses, the DTPA requires losing defendants to pay plaintiffs’ reasonable attorney fees and court costs. This fee-shifting provision ensures access to justice regardless of claim size.
Nationwide Representation by Texas Consumer Attorneys
The Wood Law Firm provides nationwide consumer protection representation while maintaining deep expertise in Texas consumer protection law. Our attorneys handle cases in federal courts throughout the country while offering specialized knowledge of Texas-specific protections under the DTPA.
Federal Court Experience
Many consumer protection cases involve federal laws like the FDCPA, FCRA, and TCPA. Our attorneys have extensive federal court litigation experience, understanding procedural rules and developing strategies that succeed in federal forums.
Multi-State Legal Network
The Wood Law Firm maintains a nationwide law firm network through Of Counsel relationships with attorneys licensed in Arizona, California, Florida, Louisiana, Minnesota, Missouri, Ohio, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Washington, and West Virginia. This network ensures comprehensive representation regardless of where you live or where violations occurred.
Texas-Specific Expertise
While we handle cases nationwide, our deep understanding of Texas consumer protection law—including DTPA nuances, state court procedures, and Texas-specific defenses—provides advantages when representing Texas residents against businesses operating in the state.
Client Success Stories
Automotive Fraud Case – $32,000 Recovery
Michael purchased a used vehicle from a Dallas dealership that rolled back the odometer and concealed prior flood damage. After the transmission failed, inspection revealed extensive water damage and 40,000 more miles than the odometer showed. The Wood Law Firm sued under the DTPA for odometer fraud and failure to disclose material defects. We recovered $32,000, including treble damages, attorney fees, and costs.
Home Repair Scam – $18,500 Settlement
A Houston contractor convinced older homeowner Patricia that her foundation required $15,000 in emergency repairs. After collecting payment, the contractor performed minimal work and disappeared. Engineering inspection revealed the foundation needed no repairs. We obtained an $18,500 settlement covering her losses, treble damages for knowing violations, and attorney fees.
Credit Report Error – $25,000 Damages
Jennifer’s credit report incorrectly showed a $12,000 charged-off account that wasn’t hers. Despite repeated disputes with documentation proving her identity, the credit bureau refused to remove the error. Her credit score dropped 150 points, costing her a mortgage approval. The Wood Law Firm sued under the FCRA and recovered $25,000 in damages, plus the error’s immediate removal and full credit restoration.
About The Wood Law Firm: Texas Consumer Protection Advocates
The Wood Law Firm has defended Texas consumers against unfair business practices for over 15 years. We specialize exclusively in consumer protection law, focusing on Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA), and Texas Deceptive Trade Practices Act (DTPA) cases.
Our Mission
We protect consumers from predatory practices and ensure they receive the fair treatment they deserve under Texas and federal law. Our personalized approach, combined with extensive experience and national reach, makes us uniquely equipped to handle complex consumer protection matters.
Attorney Jeff Wood’s Experience
Jeff Wood brings over 15 years of consumer protection experience to every case. Licensed in Arkansas, he represents clients in federal courts across Arkansas, Colorado, New Mexico, Texas, Indiana, Michigan, Missouri, Tennessee, and Wisconsin. His expertise in Texas consumer protection law and federal consumer statutes provides comprehensive representation for clients facing unfair business practices.
Why Choose The Wood Law Firm
No Upfront Costs: We work on contingency fees—you pay nothing unless we win your case.
Free Consultations: We offer free initial case evaluations to discuss your situation without financial pressure.
Proven Track Record: We’ve recovered millions for clients through settlements and verdicts in consumer protection cases.
Personalized Attention: You work directly with experienced attorneys, not paralegals or assistants.
Comprehensive Legal Network: Our Of Counsel relationships provide representation across multiple states and federal jurisdictions.
A+ BBB Rating: Our commitment to excellence and client satisfaction is reflected in our Better Business Bureau rating.
Take Action to Protect Your Rights
If you believe a Texas business has violated your consumer rights through fraud, deception, or unfair practices, don’t wait to seek legal help. Time limits on filing claims mean delays can cost you the right to recover compensation.
Schedule Your Free Consultation
Call 📲 844-638-1122 today to speak with experienced Texas consumer protection attorneys. During your free consultation, we will:
- Review the facts of your case in detail
- Identify potential DTPA or federal law violations
- Explain your legal options clearly
- Advise you on the best path forward
- Answer all your questions
Remember, consultations are completely free, and there’s no obligation. We only get paid if we win your case.
Don’t Let Businesses Get Away with Fraud
Texas consumer protection law exists to hold businesses accountable and make consumers whole when they’ve been wronged. By taking action, you not only protect your own interests but also help deter future misconduct that could harm other consumers.
Contact The Wood Law Firm today and let us fight for your rights under Texas law.
Useful Resources:
Federal Trade Commission – Debt Collection FAQs
Texas Attorney General – Consumer Protection
Frequently Asked Questions
What does the Texas consumer protection law protect against?
Texas consumer protection law, primarily through the Texas Deceptive Trade Practices Act (DTPA), protects against unfair, misleading, and deceptive business practices, including false advertising, defective products, fraud, unconscionable actions, and breach of warranty. These laws ensure fair treatment in virtually all consumer transactions throughout Texas.
What qualifies as a DTPA violation in Texas?
DTPA violations include 27 specific prohibited practices such as misrepresenting goods as new when they’re used, failing to disclose known defects, causing confusion about product sources, making false claims about product characteristics, and unconscionable actions that exploit consumers’ lack of knowledge or experience to a grossly unfair degree.
How can a Texas consumer protection lawyer help me?
A Texas consumer protection lawyer investigates your case, identifies legal violations, gathers evidence, negotiates settlements, represents you in court if necessary, and recovers damages on your behalf. They handle all legal complexities while you focus on moving forward with your life.
What common cases do Texas consumer fraud attorneys handle?
Common cases include identity theft and consumer fraud, credit report inaccuracies under the FCRA, predatory business practices, defective products causing injury or property damage, false advertising, home repair scams, vehicle fraud, and harassment from debt collectors violating the FDCPA.
How much does it cost to hire a Texas consumer protection lawyer?
Most Texas consumer protection lawyers, including The Wood Law Firm, work on contingency fees—you pay nothing unless they win your case. Additionally, the DTPA requires losing defendants to pay your attorney fees and court costs, making legal representation accessible regardless of your financial situation.
What damages can I recover under the Texas DTPA?
You can recover economic damages (actual financial losses), and if the business knowingly violated the law, up to three times your economic damages, mental anguish damages, and attorney fees. Successful plaintiffs also recover court costs, with all legal expenses paid by the defendant.
Do I need to send notice before filing a DTPA lawsuit?
Yes, Texas law requires sending written notice to the business at least 60 days before filing suit. This notice must detail the violations, cite specific DTPA sections, state the damages claimed, and warn that you’ll file suit if the matter isn’t resolved within 60 days.
How long do I have to file a Texas consumer protection claim?
Most DTPA claims must be filed within two years of discovering the violation. For concealed violations difficult to detect, you have two years from when you discovered or reasonably should have discovered the deceptive practice. Missing these deadlines can permanently forfeit your rights.
Can I join a class action lawsuit for consumer fraud in Texas?
Yes, if numerous consumers suffered similar harm from the same business practices, class action lawsuits allow you to join with others to pursue claims collectively. Class actions provide an efficient, cost-effective means to hold corporations accountable and often result in significant settlements.
Why should I contact The Wood Law Firm about Texas consumer fraud?
The Wood Law Firm offers over 15 years of consumer protection experience, free consultations, contingency fee arrangements, proven results with millions recovered for clients, personalized attorney attention, and comprehensive knowledge of Texas DTPA and federal consumer protection laws. Call 844-638-1122 for a free case evaluation today.
