Dallas DTPA Attorney
Roquemore Skierski PLLC represents businesses and their owners in Dallas who have claims under the Texas Deceptive Trade Practices Act, commonly called the DTPA. The DTPA addresses deceptive, unlawful, and unconscionable conduct connected with the sale or lease of goods or services, including transactions that involve fraudulent inducement, nondisclosure, misleading advertising, and warranty failures.
Texas differs from other states with similar laws because the statute’s definition of a “consumer” can include certain small and midsize businesses, expanding the range of commercial disputes that can fall within a traditionally consumer-protection framework.
The DTPA includes detailed procedural requirements and statutory defenses that can affect whether a claim is pursuable and how damages may be assessed.
How the DTPA Applies to Businesses
A DTPA claim generally requires that the plaintiff qualify as a “consumer,” meaning the party sought or acquired goods or services by purchase or lease. While other states have similar laws, Texas is unusual in defining a “consumer” to include small and midsize businesses having less than $25 million in assets.
The distinction between “goods” and “services” is also important. The statute treats “goods” broadly, and it also reaches many service relationships, including work performed in connection with the sale or repair of goods, which can place contractor and vendor disputes within the DTPA’s scope when the purchaser otherwise qualifies as a consumer.
Conduct Commonly Supporting a DTPA Claim in Dallas
The DTPA covers false, misleading, or deceptive acts and practices, breach of warranty, and certain unconscionable conduct. “Unconscionable” in this context generally means taking advantage of a consumer’s lack of knowledge, ability, experience, or capacity to a grossly unfair degree.
Common causes to file suit under the DTPA can include:
- False advertising
- False or misleading statements used in a sale
- Making false statements about a competitor to induce a sale
- Misrepresenting the terms of an agreement, guarantee, or warranty
- Failing to disclose material information about goods or services sold
- Misrepresentations in real estate transactions
- Fraud and deceptive practices in construction
- Deceptive investment schemes
- Breach of an express or implied warranty
- Any other “unconscionable” act or practice
Transactions the DTPA often Excludes
Because Texas extends DTPA coverage beyond individual consumers in many settings, the statute also contains exclusions aimed at larger transactions. Two exclusions appear frequently in business disputes:
- A written contract with total consideration of more than $100,000, excluding a consumer’s residence, when the consumer was represented by an attorney in negotiating the contract
- Transactions or projects with total consideration of more than $500,000, unless the matter involves the consumer’s residence
When should you hire a DTPA lawyer?
The answer turns on timing more than most business owners expect. The DTPA imposes a pre-suit notice requirement: a claimant must send written notice to the defendant at least 60 days before filing suit, and the defendant has that same window to tender a written offer of settlement.
Early counsel also matters because the threshold questions are not always clear. Whether your business qualifies as a “consumer” under the statute, whether the transaction falls within one of the exclusions for large commercial contracts, and whether the conduct rises to knowing or intentional misconduct are all determinations that affect the viability of a claim.
When a transaction has gone wrong and the other party’s conduct was deceptive, misleading, or in breach of a warranty, business owners should contact an experienced Dallas DTPA attorney as soon as possible.
How our team resolves business disputes, from start to finish.
We review the governing documents, build a factual timeline, gather key evidence, confirm deadlines, and align the legal approach with the client's business objectives.
We send a strategic demand letter identifying the dispute, proposing solutions, and setting a deadline. When assets or trade secrets are at risk, we seek immediate court relief to prevent further harm.
We pursue negotiation or mediation where productive, while continuing to preserve evidence and develop the case so leverage remains intact if settlement efforts do not succeed.
If a resolution is not reached, we file suit, use focused motions and discovery to narrow the dispute, present the case at trial, and enforce any favorable judgment.