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While the criminal Deceptive Business Practice provisions in the Texas Penal Code can prove to be a significant deterrent against dishonest business practices, criminal business misconduct still occurs in the marketplace. Consumers and businesses alike are often at a financial loss and without goods and service due to these deceptive practices. The civil Deceptive Trade Practices Act (DTPA) can be useful in helping you recover your damages.
Private attorneys, as well as the State Attorney General’s Office, the District Attorney ‘s Office, and the County Attorney can enforce the civil DTPA. A plaintiff in a civil DTPA case can prevail (“win”) if he or she proves his or her case by a “preponderance of the evidence,” which simply means it is more likely than less likely that the seller of goods or services mislead the consumer. In a civil DTPA case, the business is held to a strict standard of truthfulness in marketing goods or services; it is not necessary to prove he or she intended to misrepresent the goods or services, or that he or she intended to mislead the consumer.
Lawyers at The Nevarez Law Firm can help you recover your financial damage in the event you have been the victim of a deceptive trade or business practice. Our practice includes not only filing a civil action to recover all monies due you under the Deceptive Trade Practices Act (including our attorneys fees and costs), but also working with local County, State and Federal prosecutors in order to bring the dishonest offender to justice.