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5 Cards in this Set

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Texas Deceptive Trade Practices—Consumer Protection Act (“DTPA”)

provides for the protection of consumers against various false, misleading, and deceptive business practices, and is the most important consumer protection statute in the state. The DTPA also provides “efficient and economical procedures to secure such protection.”

The DTPA is ____________construed to promote its purposes.

liberally

The DTPA grants a private cause of action to a “consumer” for damages caused by

False, misleading, and deceptive conduct and breaches of warranties, including a mandatory award of attorney’s fees, as an alternative to common-law remedies like fraud and breach of contract. The DTPA also provides for a discretionary award of treble damages for conduct committed knowingly or intentionally.

The DTPA provides for redress for violations through

both public enforcement (through the Consumer Protection Division of the Texas Attorney General’s Office as well as through cooperation with local District or County Attorneys) and a private right for a consumer (regardless of the concept of privity) to seek redress for violations in state court.

A “consumer” is

a person or entity that “seeks or acquires by purchase or lease, any goods or services.”