How To Prove A Texas Unfair and Deceptive Trade Practices Claim

 

 

In Texas, a claim of Unfair and Deceptive Trade Practices is defined as:

Unfair and deceptive trade practices refer to the use of various deceptive, fraudulent, or unethical methods to obtain business. Unfair business practices include misrepresentation, false advertising or representation of a good or service.

It simply means:

Using unethical methods to gain business.

There are 3 elements of the claim:

• Element 1. The plaintiff is a consumer. The plaintiff is a consumer, meaning they are an individual who purchased a product or service, and they claim that the business engaged in unfair or misleading practices that harmed them in some way.
  

  Facts that might support this element look like:

  * The plaintiff purchased a product for personal use from the defendant’s retail store.
  * The plaintiff engaged in a transaction that involved a service intended for individual consumption.
  * The plaintiff sought to acquire goods primarily for personal, family, or household purposes.
  * The plaintiff has no prior business relationship with the defendant, indicating a consumer status.
  * The plaintiff relied on the defendant’s advertising when making the purchase decision.

• Element 2. The defendant engaged in false, misleading, or deceptive acts. The defendant used tricks or lies to mislead customers, making them believe something that wasn’t true, which is a key part of proving they acted unfairly in business.
  

  Facts that might support this element look like:

  * The defendant advertised a product as “100% organic,” despite containing synthetic ingredients that do not meet organic certification standards.
  * The defendant provided misleading testimonials from fake customers, creating a false impression of product effectiveness.
  * The defendant failed to disclose significant fees associated with a service, leading consumers to believe the service was free.
  * The defendant used fine print to obscure critical terms of a contract, misleading consumers about their rights and obligations.
  * The defendant claimed a product was “FDA approved,” when in fact it had not undergone any FDA evaluation or approval process.

• Element 3. The deceptive acts constituted a producing cause of the consumer’s damage. The misleading actions directly led to the consumer suffering harm, meaning that the false claims or behaviors played a significant role in causing the damage the consumer experienced.
  

  Facts that might support this element look like:

  * The consumer relied on the misleading advertisement, which falsely claimed the product would improve health outcomes.
  * The deceptive pricing strategy led the consumer to believe they were receiving a significant discount, resulting in an unintentional overpayment.
  * The consumer experienced financial loss directly after purchasing the product, which was marketed with false claims of effectiveness.
  * The misleading information provided by the seller caused the consumer to make a purchase decision they would not have made otherwise.
  * The consumer’s damages were a direct result of the seller’s failure to disclose critical information about the product’s limitations.

^{(See Gallegos v. Quintero, NUMBER 13-16-00497-CV (Tex. Court of Appeals 2018).)}
If you’re in court without a lawyer and plan to assert a Claim of Unfair and Deceptive Trade Practices, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to effectively navigate your legal journey.

Prove Your TX Unfair and Deceptive Trade Practices Claim

U.S. Civil Cases Only