Texas Consumer Law

In Texas, the mini-FTC act is Texas Business & Commerce Code §§ 17.41 et seq.  Under this legislation, plaintiffs have a cause of action when an individual conducting trade or commerce 1) engages in a false, misleading, or deceptive act or practice; 2) breaches an express or implied warranty; 3) engages in an unconscionable action or course of action; or 4) commits certain violations of the Texas Insurance Code.  To sustain an action, the plaintiff must show actual harm due to the defendant’s conduct.  There is a statute of limitations for actions under the statute of two years.                                                               

A successful plaintiff is entitled to economic damages. If the defendant acted knowingly, the plaintiff also may recover damages for mental anguish and additional statutory damages up to three times the amount of economic damages.  Damages under the statute are not capped, and attorneys’ fees are recoverable if the plaintiff prevails.  Class actions are permitted under the statute.