Texas Attorney General Consumer Fraud – Most Texas consumers have some experience with warranties. Products often come with user manuals that include a printed warranty. Advertisements may reference product warranty as part of the sales pitch. An extended warranty may be offered for sale at the time of purchase or at the end of the original warranty period. When consumers buy a product, they also expect it to work.
But what if the seller misrepresents a product, lies about a warranty, or the product doesn’t work as advertised, or at all? Depending on the situation, a consumer may have the right to seek damages under the Texas Deceptive Trade Practices Act (DTPA), which prohibits “false, misleading, or deceptive acts or practices,” including acts or practices related to liability.
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The DTPA is a comprehensive consumer protection law that prevents consumers from being misled by sellers when purchasing products and services. The Attorney General’s Office can enforce the law to protect all Texans, but the DTPA also gives individual consumers (as well as business consumers with assets under $25 million) the right to seek damages. Consumers who prove that a seller knowingly defrauded them can even recover three times their damages. To prevent merchants from taking advantage of consumers, the DTPA protects Texans from many types of “false, deceptive, and misleading business practices, unconscionable acts, and breaches of warranty.”
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Texas law recognizes both “express” and “implied” warranties. A warranty is a promise from the seller to the buyer that the buyer will get what he paid for. A warranty can guarantee that the seller will stand behind the product in certain ways, such as repairing and replacing parts, or that the product is as depicted and will perform as promised. The DTPA applies to both written and oral warranties, as well as implied warranties.
An express warranty covers everything the seller says about the product the buyer is relying on to make the purchase. express warranty
This must be stated in writing: it may be printed or oral, appear in a brochure or advertisement, spoken by the salesperson during the sale, shown by a model, appear on the product label, or in other ways. Courts may view some “sales pitches” as “buff” and opinions, rather than liability. Saying that a product is “the best ever” is likely to be considered an opinion, while specific references to the product’s capabilities and performance constitute a warranty.
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An implied warranty is essentially woven into the sale of a product; These warranties do not need to be in writing, stated or otherwise stated. The seller does not have to give any implied warranties, because these are automatic under the law. The implied warranty includes:
In addition, the DTPA states in sections 17.46(b)(15) and (20) respectively that “payment for the repair of an item shall be based in whole or in part on warranty or guarantee rather than on the actual value of the Repairs” and “evidence that a warranty or guarantee confers or entails rights or remedies that it does not have or entails” is “false, misleading, or deceptive acts or practices.”
Other Texas laws may also contain provisions that conflict with or affect how deceptive practices regarding perceived liability are handled under the DTPA. For example, Texas has a lemon law “that helps consumers who purchase or lease new motor vehicles and have repeated difficulty getting their vehicle repaired under the original manufacturer’s warranty” to repurchase, replace, or repair their vehicles without having to go to court steps. The Texas Manufactured Housing Standards Act similarly provides for the resolution of consumer complaints in its manufactured housing regulations.
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If a seller has sold you goods or services contrary to an express or implied warranty or otherwise misled you about a product or service, you may want to consider consulting a San Antonio attorney. Although you may have a cause of action under another provision of Texas law, and you may consider filing a complaint with the Texas Attorney General, the Better Business Bureau, or the Federal Trade Commission, if necessary, DTPA claims can only be filed within two weeks. year. Your consumer fraud attorney can provide you with advice and help you understand the best way to proceed in a given situation.
Texas has strict consumer protection laws. A San Antonio consumer litigation attorney at Grable Grimshaw PLLC can help determine the best course of action, whether goods are sold in breach of an express or implied warranty, or through false or fraudulent misrepresentation. Call 210-963-5297 or fill out our contact form today to schedule a free initial consultation with a member of our San Antonio legal team. AUSTIN, Texas (AP) — The Texas Legislature has already taken a historic step with the impeachment of Republican Attorney General Ken Paxton. There’s another one coming.
The Republican Party-led House of Representatives approved 20 articles of impeachment on Saturday based on sweeping allegations of wrongdoing that have dogged the nation’s top lawyer for years, including abuse of office and bribery. The vote immediately suspended Paxton from office.
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But the infighting between the parties in the country’s most conservative state, which even took political blows from former President Donald Trump on Saturday, is far from over. The Republican-controlled Senate will hold Paxton’s trial next, and he and his allies hope conservatives will bail him out.
One of the panel’s members is his wife, Senator Angela Paxton, and she could vote on her husband’s political future, which is now in jeopardy in part because of bribery allegations related to his extramarital affair.
Impeachment in Texas is similar to the trial at the federal level: after the House takes action, the Senate holds its trial.
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The House of Representatives needed only a simple majority of its 149 members to impeach Paxton, and the final vote of 121 to 23 was a landslide. But the threshold for conviction in the Senate trial is higher, requiring a two-thirds majority of the 31 members.
If that happens, Paxton will be permanently barred from holding office in Texas. Anything less means Paxton will be acquitted and can resume his third term as attorney general.
Paxton sharply criticized the agency’s investigation as “corrupt,” secretive and moving so quickly that he and his lawyers were not allowed to mount a defense. He also called Republican House Speaker Dade a “liberal.”
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The Senate is chaired by Lieutenant Governor Dan Patrick. Like Paxton, he is a Republican who has aligned himself closely with Trump and helped fuel Texas’ right-wing political and political momentum over the past decade. Patrick has not yet commented on the impeachment or the House of Representatives charges.
The Senate will set its own rules for the trial, including whether to call witnesses and what reports and documents to consider. She could also consider whether Angela Paxton should be barred from voting due to a conflict of interest.
The charges include bribery in connection with one of Paxton’s donors, real estate developer Austin Knight Paul, who allegedly hired the woman he was having an affair with in exchange for legal help.
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Paxton’s impeachment was led from the start by his fellow Republicans, unlike America’s most prominent examples of recent impeachment.
Trump’s impeachments in 2020 and 2021 were driven by Democrats who control the majority in the US House. In both cases, the charges they approved failed in the Senate, where Republicans had enough votes to block a conviction.
In Texas, Republicans hold large majorities in both chambers, and the state’s Republican leaders have all the tools of influence in their hands.
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Paxton called on Republicans to stand up for him in a silent protest at the Capitol during Saturday’s vote. It echoed Trump’s call for protests over his election defeat on January 6, 2021, when a mob violently stormed the US Capitol in Washington. Paxton spoke at a rally in Washington that day before the riot.
Trump joined the battle in Texas on Saturday, posting on social media a warning to members of the House of Representatives that “I will fight you” if they vote for impeachment. Several hundred Paxton supporters came to watch from the gallery.
The Republicans in the House of Representatives didn’t seem to care. 60 of them, 71 percent of the chamber’s government committee, voted in favor of impeachment.
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Republican Party Chairman Matt Rinaldi, an ally of Paxton, said the party should rely on “the principled leadership of the Texas Senate to restore common sense and reason.”
The move to the Senate could give Paxton’s supporters and national figures like Trump time to apply more pressure.
The impeachment dates back to 2015, when Paxton was charged with securities fraud for which he has not yet been prosecuted. Lawmakers accused Paxton of making false statements to state securities regulators.
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But most of the articles of impeachment stem from his ties to Paul and an extraordinary rebellion by Paxton’s top lieutenants in 2020.
That fall, eight senior aides reported their boss to the FBI, accusing him of bribing and abusing his office to help Paul. Four of them later filed a whistleblower lawsuit. The report led to a federal criminal investigation that was taken over by the Public Integrity Section of the U.S. Department of Justice in Washington in February.
The impeachment charge includes numerous allegations regarding Paxton’s dealings with Paul. The allegations include attempts to interfere with foreclosure proceedings and improperly issuing legal opinions in Paul’s favor, as well as shootings, intimidation and interference
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