Deceptive Business Practices
Bus. & Com. 17.50 — 60 days' notice, up to three times the damages, two years
Texas's Deceptive Trade Practices Act declares false, misleading or deceptive acts in trade or commerce unlawful, and lists many by name, among them passing off goods as another's, confusing the source or approval of goods or services, and representing that goods or services have characteristics, benefits or approval they do not have.
- A listed deceptive practice the consumer relied on to their detriment.
- A breach of an express or implied warranty.
- An unconscionable action or course of action.
- A practice that violates the Insurance Code's chapter on unfair practices.
| What the jury finds | What a prevailing consumer may recover |
|---|---|
| What the jury findsThe conduct | What a prevailing consumer may recoverEconomic damages, with court costs and reasonable attorney's fees |
| What the jury findsCommitted knowingly | What a prevailing consumer may recoverAlso mental anguish damages, and up to three times the economic damages |
| What the jury findsCommitted intentionally | What a prevailing consumer may recoverUp to three times the mental anguish and economic damages |
Sixty days' written notice first, and two years to sue. Before suing for damages, the consumer gives the business written notice at least 60 days before filing, describing the complaint in reasonable detail and the damages and expenses claimed, unless limitations is about to run or the claim is a counterclaim. The suit has to be brought within two years after the practice occurred or after the consumer discovered, or reasonably should have discovered, it.
A suit the court finds groundless, brought in bad faith or to harass, costs the consumer the defendant's reasonable attorney's fees and court costs.
Sources for this section (4)
- Bus. & Com. 17.50 — Relief for consumers
- Bus. & Com. 17.505 — Notice; inspection
- Bus. & Com. 17.46 — Deceptive trade practices unlawful
- Bus. & Com. 17.565 — Limitation
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.