We Protect Consumers from Unfair Trade Practices and Deceptive Business Practices and Help Them Recover Compensation
Consumer protection is about helping people who have been treated unfairly by businesses obtain justice. When businesses get out of line and harm their customers, our leading consumer protection lawyers can obtain substantial monetary recoveries for the damage they've done while keeping them honest so that they don't harm others in the future.
While not all consumer protection cases are suitable to be brought as class actions, when they can be, class actions are the great equalizer. In a class case, one or more named plaintiffs bring a lawsuit for themselves and a group that has suffered a similar injury. This allows the lawsuit to seek damages and other relief for everyone similarly harmed by the business's misconduct. Our legal practice includes all industries, such as financial services, technology, retail, etc. We tackle industry titans, such as major banks and non-bank lenders, credit unions, mortgage servicers, retailers and sellers, and many others.
We bring class actions on a contingency fee basis, which means that our clients in class cases pay no attorney fees unless we prevail and we get paid our fees from a portion of the financial recovery. In non-class cases, whether our fees will be charged on a contingency basis is determined on a case-by-case basis.
What Are Consumer Protection Laws?
Texas consumers are protected by the Deceptive Trade Practices Act (DTPA), which was enacted in 1973. Depending on your unique consumer protection issues, other laws may also protect your legal rights if you've been the victim of fraud or deception.
The Business Opportunity Act protects consumers against false, deceptive, or misleading practices in advertising, sales, leases, or business opportunities from potential employers and provides economical procedures to secure legal protection.
Consumer laws protect debtors from excessive telephone calls, misrepresentation from third parties, threats of arrest, and illegal repossession of valuables. If a credit card company or other type of creditor or lender has been harassing you, legal protections are in place to defend your rights.
The Texas Debt Collection Act establishes that a third-party debt collector or credit bureau cannot engage in debt collection practices unless it has obtained a surety bond issued by a surety company authorized to do business in the state.
The Health Spa Act protects members of the public against fraud, financial hardship, imposition, and deceit in health spa operations by prohibiting or restricting unfair practices.
The Manufactured Housing Standards Act ensures that manufactured homes in the state are safe, constructed according to code, installed properly on land and that consumers are provided with fair remedies for any mistakes.
The Telephone Solicitation Act protects individuals against deceptive, misleading, or false marketing practices conducted over telephones.
Texas Lemon Law helps consumers and car buyers who purchase or lease new motor vehicles but have experienced repeated issues with getting their automobiles adequately repaired under the original manufacturer warranty.
If you have experienced consumer fraud, contact our law firm to learn your legal options for taking action, including potentially taking at-fault parties to court in pursuit of compensation. Our legal team is up to date on all consumer protection laws. It has years of experience in litigation cases, representing our client's interests in legal matters at state and federal levels. To learn more about how we can protect your rights by taking legal action, contact our Texas law firm to schedule a free consultation today.
What Are Examples of Deceptive Business Practices?
When a business or corporation enriches itself at the consumer's expense with tactics considered fraudulent, unfair, or illegal, this is known as consumer fraud.
Examples of unfair or deceptive business and trade practices include the following:
- Bait and switch tactics and other deceptive offers: sometimes, a business may entice customers with an attractive offer, only to substitute it with a less desirable alternative that costs more. If you've been the victim of a deceptive sales scheme, you may have a case for consumer fraud.
- Counterfeit products: it is illegal to manufacture and sell counterfeit products that undermine consumer trust and pose potential risks to health and safety. Fake consumer goods could include counterfeit medications, substandard or dangerous items, and other goods that have potential health hazards.
- False advertising: exaggerated claims about product benefits, false testimonials, deceptive pricing strategies, and other tactics make up what is known as false or misleading advertising. When consumers purchase products or services that do not live up to the promises made by the advertisements, they may take legal action in certain cases.
- Hidden fees: some businesses selling goods or services conceal extra charges, surprising their consumers with unexpected fees. You might have noticed undisclosed service fees, hidden shipping charges, or other unanticipated expenses related to your purchase, subscription, or service arrangement. Other examples include financial investments, banks, and insurance companies that do not thoroughly disclose penalties or other charges.
- Pyramid schemes: this form of fraud entices people with the promise of financial gain if they recruit others into the scheme. While such a scheme may seem attractive at first, they are inherently unstable and will lead to financial losses for most participants.
- Undisclosed or unauthorized credit card or bank charges: unauthorized financial transactions may be detected in bank statements, credit card statements, phone bills, and utility bills.
What Types of Cases Do Our Consumer Protection Lawyers Represent?
Our consumer protection lawyers are amongst the most highly experienced and recognized nationally in the field, have won seven-figure verdicts and settlements in multiple state and federal courts, and have been recognized by Best Lawyers in America, SuperLawyer, and TopVerdict. We handle some of the most complex and consequential consumer protection litigations brought nationally.
Examples of consumer protection law cases our attorneys represent include the following:
- Artificial Retail Markups and Sales
- Bad Faith Insurance
- Breach of Contract or Breach of Warranty
- Consumer Class Actions
- Consumer Disputes
- Consumer Fraud
- Credit Reporting (including wrongful access, use, and identity theft)
- Deceptive, Abusive, and Unfair Trade Practices
- Defective or Faulty Products Injury Cases
- False and Misleading Advertising
- False Background Checks
- Financial Services (including mortgage loans and other credit)
- Fraudulent Business Practices
- Fraudulent Charities
- Harassment from Debt Collectors
- Identity Theft
- Misrepresentation
- Pharmaceutical Claims
- Prize and Lottery Fraud
- Privacy (including biometrics and other data)
- Robocalls and Junk Faxes
- Unfair and Unlawful Debt Collection Practices
- Unlawful Billing Practices
Whatever the legal matters you are facing, our law firm offers free case reviews to prospective new clients interested in retaining our legal services. To learn more about your legal options, please contact our law office to schedule your free initial consultation today.
What is Involved in a Consumer Protection Case?
A consumer protection case involves a legal claim that arises when an individual who obtained a product or service from a business for personal, family, or household purposes is victimized by the business's illegal act or omission, such as an unfair, deceptive, or abusive act or practice.
If you've been affected by consumer fraud, whether you were given inaccurate information or have been the victim of fraudulent business practices, a consumer law attorney at our law firm can guide you with valuable legal assistance. State and federal consumer laws protect you from various illegal or unfair acts that businesses, large and small, can conduct. The Texas Deceptive Trade Practices Act outlines certain steps and actions required before litigation begins. In most cases, the wronged consumer must submit a complaint letter to the seller with information about the impending legal case. If the legal matter is not resolved within 60 days, it is then possible to file a lawsuit.
A consumer protection litigation attorney can represent your complaints for breaches of warranties or contracts, unconscionable actions that harm consumers to an unfair degree, or misleading business and trade actions. To successfully prove a claim, you and your lawyers must show that you are a bona fide consumer, that the business in question engaged in unlawful conduct prohibited by consumer protection laws, and that the illegal conduct resulted in damages to the plaintiff.
What Are the Steps in a Consumer Protection Case Proceeding as a Class Action?
The first step in any consumer protection class action is to consult with an attorney who can help discern whether the business engaged in actionable unlawful conduct and whether the case can be maintained on behalf of a class.
If the matter proceeds as a class action, a proposed "putative" class action lawsuit will commence in court. The court will need to approve the proposed class by certifying it. Notice must be given to the class members; some may choose to opt out of the class by deciding not to participate. There may be motion practice in which the parties seek to dispose of or narrow the claims to be tried. The parties may each take discovery. If the case does not settle either on a class or individual settlement basis, it will proceed to trial. A judgment will enter determining who prevailed and any remedies. The parties aggrieved by the decision are afforded an appeal. Payment comes when the case is settled or is successfully tried through appeal.
Contact our law offices to schedule a free, no-obligation case evaluation with our experienced attorneys.
What is the Deceptive Trade Practices Act?
The Texas Deceptive Trade Practices Act is a consumer protection law designed to protect anyone who seeks to acquire goods or services by lease or purchase within the state. The law is meant to protect consumers against actions that constitute breaches of warranty, actions that are considered unconscionable, and any false, deceptive, or misleading business practices.
The DTPA requires that sellers of goods or services be provided adequate opportunity to correct the issues the consumer has a complaint about. Correcting issues may involve reimbursing the consumer with an exact dollar amount of the consumer's damages. The defendant has 60 days from receiving the letter to satisfy the plaintiff's demands. A consumer lawsuit may proceed if the plaintiff cannot be satisfied or the seller refuses to comply.
If you've been the victim of fraud, contact our law firm to discuss how our attorneys can represent your rights in pursuit of fair and full compensation.
What is the Fair Credit Reporting Act?
The Fair Credit Reporting Act (FCRA) was created to protect consumers from various credit-related issues, including inaccurate credit information reporting, unlawful disclosure of credit reports, and identity theft.
Even the most powerful credit reporting agency can make mistakes, which can have serious consequences for your future. Not only does a credit score affect your insurance rates and whether you get approved for loans, but it may also affect whether potential employers hire you for a new job. The FCRA requires that credit bureaus perform reasonable investigations when they receive consumer disputes and then correct any inaccurate or incomplete information for the consumer.
If a credit bureau is unable or refuses to correct inaccurate information, contact our attorneys to discuss your legal options.
What Can Consumers Do if Their Credit Scores Are Inaccurate?
If you discover inaccurate information in your credit report, send a certified letter requesting a return receipt to the credit reporting agencies referenced in their credit report. We also recommend providing copies of documents that show the correct information and contact information for when the credit bureaus reach out to you. Whether you are sending your certified letter to Equifax, TransUnion, Experian, or some other credit bureau, the credit reporting agency will have a month to investigate the issue and get back to you. If the credit agency fails to correct inaccurate information, contact our attorneys.
Our consumer protection lawyers have helped numerous clients prosecute claims under the Fair Credit Reporting Act for credit bureaus failing to correct inexcusable errors in credit reports. Your credit score can impact several aspects of your life, and we want to do everything we can to protect it.
Schedule a free consultation with our legal team today.
What Damages Are Potentially Available with a Successful Lawsuit?
Depending on your situation, you may be eligible to recover compensation from the offending parties under the protection of various consumer laws, including the DTPA. Our consumer protection attorneys have extensive experience fighting for justice and fair compensation from negligent businesses in Texas. We would be proud to represent your legal rights in pursuing the most optimal outcome for your case.
Potential damages and remedies may include the following:
- Attorney fees
- Court costs
- Economic damages for financial losses
- Injunctive relief
- Interest
- Lost profits
- Mental anguish non-economic damages
- Suspension of the seller's business license or permit
- And other remedies that the courts may consider to be in the interest of justice
If your lawyers can prove knowing or intentional conduct on the defendant's part, the court may also award additional damages. Additional damages could amount to no more than three times the amount of economic damages for knowing conduct and no more than three times the amount of economic damages and mental anguish damages for intentional conduct.
We Follow a Consumer Friendly Process
At DJC law firm, the consumer protection attorney lays down the framework of the legal steps taken for the client's cases. The process includes:
- Consultation: Consumer rights lawyers listen to your case; and evaluate the options you can choose and how we can assist you to meet your satisfaction. It's a no-obligation consultation which is free and clients can decide which direction they feel comfortable going.
- Investigation: Consumer rights lawyers take great pride in our level of attention to detail once we take your case. All the evidence, records of the violations, reviewing contracts, interviewing all the witnesses even the transaction records, nothing goes unnoticed. It's one of the qualities that gives us the edge over the other firms while making our success rates extremely high.
- Legal Strategy: Understanding the legal violations and what possible relief the consumer rights lawyer can provide the clients, a thorough strategy is created and shared with the client.
- Negotiation: For clients who want to resolve the case by negotiation, consumer rights lawyers work tirelessly to ensure that we provide you with the negotiation and the justice that you deserve.
- Powerful advocacy: Consumer rights lawyers are experienced in aggressive representation of client's cases. We go the extra mile to get our clients justice and have received a great deal of testimonials that express their gratitude towards our team.
How Long Does A Consumer Protection Case Take?
The timeline of a consumer protection case depends on various factors including the number of parties involved, the complexity of the issue, evidence, advocacy, etc. Sometimes it can be settled via negotiation and hence may resolve quicker than the cases that went for trials. DJC law firm's Consumer rights attorney understands the value of time and the damages our clients have to suffer, so will do everything to make things effective and efficient for the clients while providing the details and keeping them informed.
Resources and Legal Tips
Consumer protection attorneys provide our clients with detailed evaluations of their cases and the rights that they have that have been violated. We educate our clients not just regarding their case but also about the general cases on the rise so that after this case is resolved they can protect themselves from several others. This friendly environment and resources with above and beyond support are what sets us apart.
Free Case Review
Consumer rights attorney provides you with a free case evaluation via our online agent to make sure that clients are aware of the methods and procedures we provide to resolve their cases. This also provides extra assurance as consumer rights lawyers provide tailored services and are quite tactful.
Schedule a Free Consultation with Our Experienced Consumer Law Attorneys Today
There are many factors to consider when seeking the support of a consumer protection lawyer, so it's important to do your due diligence. A law firm with proven results and strong client testimonials is a good indication of the type of experience you'll have with them. Other details to keep in mind include whether the lawyers actually try lawsuits in court or if they only charge a fee if there is a recovery.
At DJC Law, we work to ensure our clients are fully informed throughout the process and cared for individually.
To learn more about our legal services and how we may assist you with your consumer protection case, please contact us to schedule your free initial consultation with our legal team today. You can reach us at (888) 853-8169.