Contact an Attorney Today!

Your Firm Name Here
Your Phone Number Here

Mouse over to view listing information popup

Listings are offered on a first come, first served basis. We limit listings to 5 per page.

View Full Listing

Sample Listing

Phone: Number
Fax: Number
Cell: Number
sample-email@sample.com

Address1
Address2
City, State Zip

Certification or Specialization:

Certifications go here

Practice Areas:

Your specific practice areas

Houston, TX Consumer Protection Lawyer | Fraud & Unfair Trade Practices Lawyer | Deceptive Trade Practices Attorney

Nearly every person living in Houston qualifies as a consumer of some sort. In the eyes of the law, a person buying gas in the 5th Ward is just as much of a consumer as a person buying expensive jewelry at the Galleria.

Consumer protection laws designed to ensure fair trade competition and the free flow of truthful information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors and may provide additional protection for the weak and those unable to take care of themselves. Consumer Protection laws are a form of government regulation which aim to protect the rights of consumers. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue, such as food. Consumer protection is linked to the idea of "consumer rights" (that consumers have various rights as consumers), and to the formation of consumer organizations which help consumers make better choices in the marketplace.

Deceptive Trade Practices Laws in Texas are dealt under the Texas Deceptive Trade Practices - Consumer Protection Act Section 17.41 et seq, provided under Title 2, Chapter 17 of the Texas Business and Commerce Code.  According to Section 17.46, false, misleading, or deceptive acts or practices in the conduct of any trade or commerce are prohibited and declared unlawful.  Pursuant to Section 17:48, a district or county attorney can institute legal proceedings and other actions against any person who violates any of the provisions of this Act.  According to Section 17:50, any private person, who suffers any economic loss or mental anguish caused by a person who violates the provisions of this Chapter declared to be unlawful, can bring an action individually to recover damages.  According to Section 17:47, a district or county attorney can seek to obtain temporary restraining order, preliminary, and permanent injunctions to restrain and enjoin violations of this Chapter.  In addition to this remedy, a district or county attorney can request the court to impose a civil penalty against any person who violated the provisions of this Act.  Under Section 17:50, the court may grant additional relief to compensate any aggrieved parties.  Furthermore, pursuant to Section 17:50, any private person who brings a suit can recover reasonable attorney fees along with any permanent injunction.

Federal and State Law Restrict Unfair Trade Practices

There are broad restrictions on "deceptive" or "unfair" trade practices. Such as prohibitions against fraudulent practices and unconscionable practices. The Federal Trade Commission, FTC, does not require that the person committing an act of deception have the intent to deceive. Moreover, the FTC does not require that actual deception occur. The FTC merely requires that a party have the capacity to deceive or commit an unfair trade practice. If a business or individual has this capacity or tendency to deceive, the FTC under the authority of the  Federal Trade Commission Act (FTCA) may order the company to cease and desist the deceptive or unfair practice. Similarly Texas law does not require that a company specifically intend to deceive, nor must a company always have knowledge that a statement is false to be liable for misrepresentations made to a consumer.

Consumer Protection Law is Complicated

A consumer who has been victimized by a potential deceptive or unfair trade practice should consult a Houston Business Lawyer, to determine whether he or she has a cause of action. In addition to the broad prohibition against deception. For example, if a business or person engages in the following, the action could constitute a deceptive trade practice:

• Passes off goods or services as those of another
• Causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services
• Causes likelihood of confusion or of misunderstanding as to affiliation, connection, or association with, or certification by, another
• Uses deceptive representations or designations of geographic origin in connection with goods or services
• Represents that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or qualities that they do not have or that a person has a sponsor-ship, approval, status, affiliation, or connection that he does not have
• Represents that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used, or second-hand
• Represents that goods or services are of particular standard, quality, or grade, or that goods are of particular style or model, if they are of another
• Disparages the goods, services, or business of another by false or misleading misrepresentation of fact
• Advertises goods or services with intent not to sell them as advertised
• Advertises goods or services with intent not to supply reasonably expected public demand, unless advertisement discloses a limitation of quantity
• Makes false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions
• Engages in any other conduct which similarly creates the likelihood of confusion or of misunderstanding

Auto Parts Dealers are Often Parties in Consumer Protection Litigation

If you live around Houston, you probably own a car. The average resident spends hours upon hours in their cars in any given year. With so much traffic on the road, cars will inevitably break down from time to time. When a consumer in Houston buys a new part for his car or truck, he needs to know he can rely on that part. When parts fail to perform as advertised, auto parts dealers are frequent parties in consumer protection lawsuits. some of the auto parts dealers in the Houston area include:

Pyramid Schemes are Also Unlawful

Texas also prohibits certain illegal business schemes through unfair trade practices statutes. One such scheme is a "pyramid scheme," where investors make money by recruiting others to join and invest in a company rather than selling a product as claimed by the company. Other schemes include deceptive employment opportunity claims and misleading or deceptive game or contest promotions.

Many Houstonians have found themselves the victims of deceptive schemes. Of these victims, only a small amount find justice for the wrongs committed against them. The sad truth is that most people are not fully aware of their rights.

If you need a Houston commercial lawyer that can assist you in a business transaction that you believe was unfair, deceptive or fraudulent, please contact an unfair practices lawyer today.

Serving clients throughout Southeastern Texas, including Aldine, Baytown, Bellaire, Beaumont, Channelview, Cloverleaf, Conroe, Deer Park, Friendswood, Galena Park, Galveston, Hedwig Village, Highlands, Hilshire Village, Humble, Jacinto City, Katy, League City, Magnolia, Mission Bend, Missouri City, Pasadena, Pearland, Porter, Sealy, South Houston, Spring Valley, Stafford, The Meadows, The Woodlands, Waller, West University, and other communities in Fort Bend County, Harris County, and Montgomery County.

The Houston Commercial Lawyers listed on this page are qualified professionals who understand this area of law and are available for a free initial consultation to discuss your needs.