• March 13, 2019
• CMZ Law
• no comments

Tis the season for toys that break after one use, knockoffs, products that don’t do what the manufacturer says they will, and charity scams. It’s a holly, jolly nightmare out there. Luckily, Texas has strong consumer protection laws and product liability laws that can protect you if you have been taken advantage of, or harmed, this holiday season.

Texas Deceptive Trade Practices-Consumer Protection Act (DTPA)  

The Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) protects consumers from bad business owners and outright fraud. The DTPA prohibits a long list of trade practices the legislature has deemed false, misleading, or deceptive, including:  

• Claiming goods or services were made or provided by someone else.
• Claiming that goods or services have qualities which they do not have.
• Selling or advertising deteriorated, reconditioned, reclaimed, used, or second-hand goods as new ones.
• Falsely representing that goods or services are of a particular quality, standard, or grade.
• Falsely claiming that goods are of a particular style or model.
• Advertising goods or services at a particular price in order to draw customers in, without having any such items in stock. And/or failing to say certain items are only available in a limited quantity.
• Making misleading or false statements about discounts.
• Falsely claiming that a business is “going out of business.”
• Knowingly making false or misleading statements of fact concerning the need for parts, replacement, or repair service.

The failure to disclose information concerning goods or services which was known at the time of the transaction if such failure to disclose such information was intended to induce the consumer into a transaction into which the consumer would not have entered had the information been disclosed.

This list is just the tip of the iceberg. If you feel you have been taken advantage of, you should contact our office. Consumers can bring a lawsuit against a business that has violated the DTPA, and if successful, may recover both damages and attorney fees. In some cases, the consumer can get triple damages.

If You Are Injured By A Product, You Should Speak With An Attorney

It is one thing to be tricked into buying shoddy merchandise, but quite another to be injured by a product you had every reason to believe was safe.

It is the responsibility of manufacturers to produce products that are free of defects and safe for users. Furthermore, all manufacturers, distributors, and sellers should warn their customers if the products they are selling are dangerous. When these obligations are not met, the businesses involved can and should be held legally responsible for their negligence.

Our state’s product liability laws are designed to compensate people who have been injured by a defective product, or who have suffered harm because they weren’t warned of the risk of buying and using a dangerous product. The law can also punish the manufacturer/distributor/seller of a dangerous or defective product so they learn that their actions have consequences.

If you or a loved one has been injured by a product, you should seek medical attention and legal advice.