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The Texas Deceptive Trade Practices Act apples to services as well as the things you buy or lease.  So this includes:
 
  • Hotel
  • Resort
  • Vacation Rental
  • Cruise Line
  • Airfare
  • Car rental
  • Vacation packages
  • Resort packages
  • Wedding services
  • Wedding rental
  • Chapel rental
  • Church rental
  • Event planning
  • Party planning
  • Party rental
  • Conference rental
  • Conference services
  • Floral services
  • Design services
  • Contractor services
  • Remodeling services
  • Pesticide services
  • Roofing services
  • Pool maintenance
  • Lawn services
  • Cleaning services
  • Salon services
  • Spa services
  • Any service you received

In the end, any service that you bought or leased is covered by the Texas Deceptive Trade Practices Act (DTPA).  The Texas Deceptive Trade Practices Act (DTPA) is meant to address any misleading, false or deceptive act or practice.  So if you were persuaded to purchase or lease a service like a vacation cruise or a wedding rental and what you received did not match what you were offered, then the initial representation may be a violation of the Texas Deceptive Trade Practices Act (DTPA). 

Keys to proving the violation of the Texas Deceptive Trade Practices Act (DTPA) are written evidence such as emails, text messages, brochures, advertising and other representations.  Oral representation can be evidence of a violation of the Texas Deceptive Trade Practices Act (DTPA), but they are better when you have a corroborating witness. 

Another question regarding whether a service like wedding planning or decorating services are a violation of the Texas Deceptive Trade Practices Act (DTPA) is what damage was caused by the misrepresentation?   In a service offered like wedding planning or wedding services, if the wedding service provider makes a misrepresentation, how did it cause you economic harm?  Weddings are stressful enough, so any misrepresentation will cause mental anguish and stress, but the Texas Deceptive Trade Practices Act (DTPA) will only allow you to be compensated for economic damages which are essentally the difference between what you paid for and what you received; or the additional costs you incur because of the misrepresentation; or the costs of repair.   So if a wedding planner or caterer wanted to cancel at the last minute, this would cause untold amounts of grief and distress, but the Texas Deceptive Trade Practices Act (DTPA) does not provide any money compensation for that in the actual damage stage.  In that scenario, if you had to hire someone who cost $5000 more than the original wedding planner, you would be entitled to recover the $5000.  If the new wedding planner cost the same amount of money, you would have no damages without other economic losses caused by the cancellation.

You can actually recover for your mental anguish IF the jury finds that the defendant wedding planner made the false, misleading and deceptive act or practice knowingly, meaning they were aware it was untrue when they made it.  At that point, you could recover up to twice the amount of the actual damages.  You must have the actual damages first, however. 

Every situtation is different and the above is merely an example of a potential outcome.  To actually know if you have a case, my consulatation is free.

  NEW PHONE & FAX: Phone: 512 221 0121 Fax: 512 233 2559

Evin G. Dugas - Attorney at Law 512.261.0044 Evin@housedefects.com
2303 RR 620 South,   Suite 135 PMB 361,   Austin, Texas 78734
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