Partnership issues, Disputes & Business Attorney, Paul N Jones

Deceptive Trade Practices

Federal legislation and statutes in every state prohibit the use of unfair or deceptive trade practices and unfair competition in business. Deceptive trade practices statutes do not govern all situations where a party has deceived another party. Most states limit the scope of these statutes to commercial transactions involving a consumer purchasing or leasing goods or services for personal, household, or family purposes. Even so, some state’s Deceptive Trade Practices Act, including Texas’, provide specific protection services for certain transactions for business consumers.

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Texas, Mississippi, New Mexico, Arizona, Washington, D.C., & Massachusetts.

Most state deceptive trade practices statutes include broad restrictions on “deceptive” or “unfair” trade practices. These states often include prohibitions against fraudulent practices and/or unconscionable practices.

Partnership issues, Disputes & Business Attorney, Paul N Jones

Federal legislation and statutes in every state prohibit the use of unfair or deceptive trade practices and unfair competition in business. Deceptive trade practices statutes do not govern all situations where a party has deceived another party. Most states limit the scope of these statutes to commercial transactions involving a consumer purchasing or leasing goods or services for personal, household, or family purposes. Even so, some state’s Deceptive Trade Practices Act, including Texas’, provide specific protection services for certain transactions for business consumers.

Paul N Jones Law Firm

National Representation across the United States

Most state deceptive trade practices statutes include broad restrictions on “deceptive” or “unfair” trade practices. These states often include prohibitions against fraudulent practices and/or unconscionable practices.

Deceptive Trade Practices

Experienced in protecting the rights of our clients who another’s deceptive trade practices have violated. Paul N Jones has experience prosecuting and defending claims of deceptive trade practices. In addition to the broad prohibition against deception, most state statutes also include a list of practices that are defined as deceptive.

Under The Texas Deceptive Trade Practices Act, If A Business Or Person Engages In The Following,

The Action Constitutes A Deceptive Trade Practice:
  • Passes off goods or services as those of another
  • Causes a likelihood of confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods or services
  • Causes likelihood of confusion or misunderstanding as to affiliation, connection, or association with, or certification by, another
  • Uses deceptive representations or designations of geographic origin in connection with goods or services
  • Represents that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or qualities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have
  • Represents that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used, or second-hand
  • Represents that goods or services are of a particular standard, quality, or grade or that goods are of a specific style or model if they are of another
  • Disparages the goods, services, or business of another by false or misleading misrepresentation of fact
  • Advertises goods or services with intent not to sell them as advertised
  • Advertises goods or services with intent not to supply reasonably expected public demand unless the advertisement discloses a limitation of quantity
  • Makes false or misleading statements of fact concerning the reasons for, the existence of, or amounts of price reductions
  • Engages in any other conduct that similarly creates the likelihood of confusion or misunderstanding

In Addition, The FTC And Many States Prohibit Other Unfair Practices, Including The Following:

  • Unfair provisions in contracts of adhesion
  • Coercive or high-pressure tactics in sales and collection efforts
  • Illegal conduct
  • Taking advantage of the bargaining power of vulnerable groups
  • Taking advantage of emergencies
  • Unconscionable activities, including outrageous and offensive conduct by a business in the sale of goods or services

Under the Texas Deceptive Trade Practices Act or similar “tie-in” statutes, other forms of conduct can be actionable, including insurance code violations, breach of warranties, unfair debt collection, and pyramid/ponzi schemes, to name a few. A successful claimant whose deceptive acts have wronged can potentially recover his actual damages, attorney’s fees, mental anguish damages, and “treble damages” for conduct that was done knowingly.

Consult with an Attorney

it is essential to consult with an experienced Texas deceptive trade practices attorney as soon as possible if you feel you have experienced a fraudulent inducement to purchase.

Given the challenges in pursuing deceptive trade and business practices litigation, it is essential to have solid legal guidance early on your side. Paul N Jones will take the time to understand every client’s unique circumstances, explain all rights and options, and explore all possible recoveries, whether the firm’s involvement begins with trying to negotiate a resolution or taking your claims to court to win at trial with a favorable verdict.

Contact Paul N Jones Law Firm Today

We are experienced in protecting the rights of our clients who have been violated by another’s deceptive trade practices. If you have been such a victim, contact Paul N Jones to see how he can provide the legal representation you need.

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    Security Clearance Attorneys, Serving All 50 States, Paul N Hones

    Call us at (800) 420-9014

    Contact, National Security Clearance, Paul N Jones Law Firm

    Contact us at (800) 420-9014

    or use the Form Below to Email us
    to Discuss the Details of your Case.