Deceptive Trade Practice Act (DPTA) Facts

Commercial Litigation Lawyer

There has been a positive trend in our nation of unfair or deceptive trade practices, including unfair competition in business. This has resulted in various forms of federal legislation designed to prohibit such acts. Beginning in the 1960"s, many states adopted their own versions of a deceptive trade practice act to protect their consumers. The firm of Clearman | Prebeg operates across the U.S. to provide protection for both consumers and businesses alike in the area of deceptive trade practices.

The laws regarding unfair and deceptive trade practices are commonly quite specific. Many claims dealing with professional services and personal injury are not covered under these statutes. Commonly, they are restricted to protection of individuals who seek to obtain goods and services, either by purchase or lease. If you feel you have been the victim of unfair business practices, it is vital to retain the services of an experienced commercial litigation attorney who understands the laws applicable to your individual situation.

Actions and Punishments

Common deceptive trade practices include, but are not limited to:

• In any way representing that goods or services are of a specific standard or quality when they are not
• False or misleading statements regarding the existence or reason for reduced prices
• Giving the idea that goods or products are new when they are second-hand, deteriorated, reconditioned or used
• Selling or leasing products or services to a consumer as those of another
• Representing that services or goods have a certain approval, sponsorship, ingredients, characteristics and the like, that they do not have

The remedies for consumers or businesses who fall victim to deceptive trade practices can vary according to the state in which the violations took place. In certain states, minimum statutory damages are awarded to those who prevail in lawsuits. Some statutes provide for the actual damage incurred by a consumer to be tripled if a deceptive trade action is proved. Several states allow an award of punitive damages along with attorney fees, should the consumer be successful in their legal action. In handling deceptive trade practices, the firm prefers to operate on a contingent fee basis as they feel this best benefits their clients and provides an additional incentive for success. At all times we will aggressively seek to maximize any compensation you may be entitled to by pursuing all avenues of recovery.

Contact a Commercial Litigation Lawyer when unfair or deceptive trade practices have resulted in financial damages to you or your business.