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.
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.
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.
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.
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.