Our Texas Lawyers Bring Lawsuits Under the DTPA Against Sellers Who Use Deception to Trick Consumers

Eric Roberson and Clark Will, Attorneys

Eric Roberson and Clark Will, Attorneys

The Texas DTPA was created in the 1970s. Under the DTPA, consumers may sue for damages when they are harmed by false, misleading or deceptive trade practices. Our consumer protection attorneys have decades of experience bringing lawsuits against vendors in Texas who fail to treat consumers fairly. A successful plaintiff may recover compensation for damages such as the costs of repair, replacement, court costs, and attorney fees. If it is found that a vendor acted intentionally to mislead a consumer, additional awards may also include mental anguish damages and up to three times the amount of economic damages.

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Deceptive Trade Practices Under the DTPA Commonly Known as Consumer Fraud

Most people know what it means to be ripped off, but most people do not know that the DTPA prevents many of the methods that some sellers use to trick or defraud consumers into purchasing items or services they otherwise might not buy. Failing to tell about a feature or quality that could negatively affect a consumer’s purchasing decision is dishonest, and a violation of the DTPA. There are dozens of types of consumer fraud listed in the DTPA’s laundry list of banned sales practices. Some of these include saying a product or service:

  • Has features, benefits or remedies that don’t exist,
  • Has qualities to a standard or grade it does not achieve, and
  • Has a guarantee or warranty that isn’t enforced.

Additional Consumer Protections Under the DTPA

Consumers are protected in many other ways by the DTPA. For example, there are advertising practices that are forbidden by the DTPA, such as:

  • Bait and switch advertising,
  • False claim advertising,
  • Using untrue endorsements,
  • Untrue statements about manufacturing or materials used,
  • Lying about the abilities of a product or service, and
  • Spreading false information about another company.

Businesses as Consumers Under the DTPA

Many businesses purchase insurance to protect themselves from deceptive trade claims. When a business makes a claim because the insurance company has denied or underpaid a claim, our consumer protection attorneys may be able to help. We have stood up to insurance companies in many different arenas and understand their practices and vulnerabilities. Such in-depth expertise may mean the difference between success and failure in insurance litigation.

DTPA Definitions for Coverage of Claims

Many consumers, both individuals and small businesses, benefit from the protection of the DTPA. Before a claim can go forward, the claimant must qualify as a consumer. The DTPA defines consumers as including a person, partnership, company, organization, or agency. However, businesses with assets over $25 million do not qualify as consumers.

Our Clients Tell Us

Click on this link to read some of the many client testimonials that people have sent us to thank our consumer protection lawyers for getting them back on track. Kilgore & Kilgore can do the same for you. Kilgore & Kilgore is intentionally small, so we can develop personal relationships with our clients as we guide them through the legal process.

Reach Out to our Consumer Fraud Lawyers

To see if we can help you with a consumer protection case, contact us. We offer a free review of the facts of your case. Just complete and submit a contact us form. Click here to get started, contact Kilgore Law.


Eric Roberson of the FTC successfully prosecuted and permanently shut down a Baltimore businessman pretending to be a lawyer to Spanish-speaking immigrants and negligently filing immigration paperwork with ICE in a scheme commonly called the Notario Scam. The Court also entered a judgment of over $700,000 that was returned to consumers harmed by Loma:
Citation: FTC v. Loma Int’l Business Group, 2014

Eric Roberson of the FTC was successful in freezing the assets of Liberty Supply and transferring its operations to a court-appointed receiver in 2015. In 2017, he obtained a permanent injunction and a $4.5 million judgment against Liberty for overbilling churches and charities in a scheme commonly known as the Phoner-Toner Scam:
Citation: FTC v. Liberty Supply Co. Preliminary Injunction, 2015
Citation: FTC v. Liberty Supply Co. Permanent Injunction and Other Equitable Relief, 2017