This guide provides an overview of important Texas and federal laws designed to protect consumers from deceptive trade practices.
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"Consumer protection" is a very broad area of law that can touch all aspects of a person's life. This introductory page will provide general information about Texas's multi-purpose consumer protection law called the Deceptive Trade Practices Act. The other pages in this guide will talk about specific topics under the broad umbrella of "consumer protection" such as warranties, debt collection, credit reports, and more.
The general consumer protection law in Texas is located in Chapter 17 of the Texas Business and Commerce Code and is titled "Deceptive Trade Practices." It is very broad and applies to many types of situations. Generally speaking, it prohibits people and businesses from using misleading or dishonest actions or statements in the course of doing business or making a sale.
This chapter lists many practices that are deceptive or misleading for consumers. They include pyramid schemes, price gouging during disasters, misusing the State seal, deceptive advertising, going out of business sales, and more.
This section of the Deceptive Trade Practices Act has a long list of practices that are specifically against the law. They include things such as saying that an item is new when it is really used, making misleading statements about the reason for price reductions, saying that goods have qualities or features that they do not, being misleading about a competitor's products, advertising goods or products with the intent not to sell them as advertised, and many more.
This section allows consumers to bring a civil lawsuit for violations of the Deceptive Trade Practices Act.
There are several state agencies, federal agencies, and non-profit private organizations that accept complaints about consumer topics.
Report fraudulent activities to the Federal Trade Commission to be distributed to law enforcement agencies.
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.
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.
National Consumer League's Fraud Center, part of the National Consumer League, accepts complaints of internet fraud and telemarketing fraud. Complaints submitted here are also transmitted to the Federal Trade Commission.
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.
Many of the e-books available through the State Law Library contain forms or drafting guides. In order to access these titles, you will need to register for a free library account.
Our librarians recommend:
"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
Practical, easy-to-understand answers to questions about divorce, child support, and child custody; credit, bankruptcy, and debt collection; starting a business; leases and tenant rights; small claims court and lawyers; wills and probate; false advertising and warranties; immigration; and more.
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.
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.
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.
