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Rand Mintzer - Attorneys at Law

Deceptive Trade Practices

Houston Deceptive Trade Practices Lawyer

State and federal laws protect Texas consumers from businesses that engage in unfair trade practices. The Texas Deceptive Trade Practices Act (DTPA) and the Federal Trade Commission Act offer consumers the right to recover damages and attorney’s fees from a business that participates in any of the unethical business practices prohibited by the statutes.

Deceptive Business Practices in Texas and Beyond

The Texas and federal laws cover a wide variety of acts that might be unlawful if engaged in by a seller in a transaction with a consumer. Examples of such unfair business practices include the following:

  • Misrepresenting the quality, characteristics or value of goods offered for sale
  • Intentionally failing to disclose information about goods or services in order to induce a consumer to enter into a transaction
  • Breaching an express or implied warranty
  • Financing that is fraudulent or misleading
  • Violations of truth in lending laws requiring disclosure of certain information to consumers
  • Wrongful debt collection

Rand Mintzer, Attorney at Law, represents businesses in cases involving fraudulent trade practices under federal and state laws in Texas. His experience in handling such cases and his knowledge of the laws that protect consumers means that he is aware of the opportunity offered by the DTPA to expand the consumer protection laws to include business violations of other state statutes.

Possible Penalties for Unethical Trade Practices

Certain violations of the consumer protection laws are criminal acts punishable in Texas as misdemeanor offenses. For example, a retailer that falsely advertises it is going out of business or that misrepresents itself as a wholesaler can be convicted of a misdemeanor punishable by fines ranging from $100 to $500. Other violations, such as pyramid promotional schemes, may be prosecuted as felony criminal offenses.

Unfair Business Practices Defense

A seller who makes claims about the suitability for use of a certain product could be held liable to customers if the claims are proven to be untrue. Skilled trial attorneys like Rand Mintzer know that attacks on the evidence offered by a consumer can make it difficult to prove oral representations at a trial unless there is written documentation to support the allegations. Other elements of the crime that can be difficult to prove in court include the intent of an act or statement by a merchant and whether an act was done with the knowledge that it would deceive or cause harm to a consumer.

Schedule an Appointment With a Deceptive Trade Practices Lawyer in Houston, TX

If you have been accused of engaging in fraudulent trade practices, you should call 713-862-8880 to ask Rand Mintzer for an appointment.