3 ms·
Maybe not actual fraud, we will see. IANAL but in places like Texas there would appear to be little to no defense against a lawsuit brought under the Deceptive
by fuzzfactor 9y ago
Maybe not actual fraud, we will see.
IANAL but in places like Texas there would appear to be little to no defense against a lawsuit brought under the Deceptive Trade Practices Act where illicit behavior does not have to rise to the level of fraud.
Mainly you are supposed to get your money back plus perhaps additional compensations if you give notice within the proper time frame (this would seem to be within 2 years from when the deception was realized, or within 60 days to qualify for treble damages if a lawsuit is brought) and if the vendor fails to comply then you can sue them.
http://www.ffllp.com/cadtpa/ http://www.ffllp.com/cadtpa/
Violations of this consumer-protection regulation appear to rely more on whether the particular consumer was deceived than whether the deception was intentional, although if intentional it looks like treble damages.
http://www.westfirm.com/tx_dtpa_.html http://www.westfirm.com/tx_dtpa_.html
Consumers over the age of 65 appear to be especially well protected.
http://statelaws.findlaw.com/texas-law/texas-deceptive-trade-practices-laws.html http://statelaws.findlaw.com/texas-law/texas-deceptive-trade...
http://pdf.legalformsfortexas.com/PDFs/Civil/CIVLIT_58.pdf http://pdf.legalformsfortexas.com/PDFs/Civil/CIVLIT_58.pdf