The Deceptive Trade Practices–Consumer Protection Act (known as the “DTPA”) is a consumer protection statute which aims to protect consumers against certain “false, misleading, and deceptive business practices”, unconscionable actions, and breach of warranties.  A violation of the DTPA is commonly alleged in a construction defect case because the DTPA expressly applies to when a Builder/Contractor breaches its own express warranty and/or the implied warranty of “good workmanlike manner” and/or habitability.  A Builder/Contractor also violates the DTPA when it commits an “act or practice which, to a consumer’s detriment, takes advantage of the lack of knowledge, ability, experience, or capacity of the consumer to a grossly unfair degree” or when it engages in “false, misleading, or deceptive acts or practices”. To initiate a DTPA claim, the Homeowner is required to provide written Notice to the Builder/Contractor specifically identifying the DTPA violations and setting forth the amount of damages and fees incurred as a result of the violation. A DTPA Notice must be sent within no earlier than 60 days of filing a lawsuit. DTPA Notices are typically incorporated into one or more of the other Demand Letters set forth herein.

If you would like to initiate a DTPA claim in Texas, contact us today.