Consumer Litigation

Consumer protection laws are designed to protect the public against unfair or dangerous commercial activity.  Used correctly, these laws not only allow injured persons to recover damages caused by bad actors, but also deter unfair, unethical, or unsafe business practices.  When abused, these laws are the basis for frivolous lawsuits.  The Law Office of Carter H. Thompson represents consumers who are wrongly injured, and also represents businesses defending against frivolous consumer litigation lawsuits. 

Consumer protection law in Texas can include the following:

• Texas Deceptive Trade Practices Act
• Products liability litigation
• Breach of contract
• Breach of warranty
• Fraud in the inducement
• Fraudulent misrepresentation
• Usury
• Unconscionability

Texas, like many other states, has enacted legislation to protect consumers against deceptive trade practices.  Appropriately titled the Texas Deceptive Trade Practices Act, the law forbids most businesses from misrepresenting their goods or services to consumers.  The Texas Deceptive Trade Practices Act also provides a remedy for breach of an express or implied warranty, and prohibits most businesses from engaging in “unconscionable” conduct.  Claims of deceptive trade practices often are incorporated into lawsuits alleging breach of contract or fraud.

Another general area of consumer protection law is concerned with allegedly dangerous products.  Consumers have the means to file lawsuits against manufacturers and sellers of goods that are unsafe or dangerous in their design or expected use.  Generally speaking, products must be safe for their expected use.  Manufacturers owe the public a duty of reasonable care to the public, and also to discover any dangerous propensities of their products.