Consumer Protection

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This guide provides an overview of important Texas and federal laws designed to protect consumers from deceptive trade practices.

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Practice Aids

General Consumer Protection Practice Aids at the State Law Library

Below are some of the library resources aimed at practitioners that can provide further guidance on this topic. Scroll down for books specific to Deceptive Trade Practices. The Texas State Law Library has many other resources in addition to the highlights we present below. Please call us at (512) 463-1722 if you have any questions about these materials.

This case-book is divided into two parts. The first part discusses Texas Deceptive Trade Practices Act consumer litigation. Part two discusses Texas Insurance Code consumer litigation.

This title provides a complete overview of consumer protection laws, with a special focus on federal, state, and international law developments. Specific chapters cover deceptive and unfair practices, deceptive practices arising from new technologies, promotions, the FTC, state laws, private remedies under section 43(a) of the Lanham Act, self-regulation in advertising, and international consumer protection law.

This title provides guidance on the causes of action most frequently filed in Texas. It lists and explains the elements of each cause of action, with references to authority on each point and cross-references to relevant state pattern jury charges and secondary sources. Chapter 8 focuses on the Deceptive Trade Practices Act.

This title provides the petitions and answers discussed in O’Connor’s Texas Causes of Action. Includes information on deceptive trade practices claims and warranties.

A complete set of forms for common motions and responses. Includes forms for original petitions, answers, and discovery for breach of contract, personal injury, bill of review, and suit on sworn account cases. A user-friendly format aids in piecing together the various pleading parts. Provides notes and information on drafting and filing.

This comprehensive set explains the law and procedure in a given area and then provides drafting guides to prepare the forms. This e-book can only be borrowed by government employees, but librarians may be able to provide a short excerpt to library patrons upon request.

This title focuses on state and federal laws surrounding the extension of credit. Specific chapters cover state laws on "substantive regulation of the cost of consumer credit," laws regulating terms of conditions of lending, calculation of interest rates, hidden interest, and "statutory and common law challenges to overreaching credit," including unfair and deceptive acts and practices statutes. Access to the companion website is available from the National Consumer Law Center database.

This title from the National Consumer Law Center provides a broad overview of the practice of consumer law. Chapters cover topics such as opening a private consumer law practice, "making money on small consumer claims," ethical issues, analyzing consumer transactions, mortgage loan price traps, unconscionable arbitration clauses, discovery, and class actions.

This database contains forms for various pleadings related to consumer protection actions. Pleading subjects include advertising, arbitration, attorney fees, bankruptcy, campground membership, collection suits, credit reporting, exempt funds, fringe lending, home improvement, insurance, and many more.

Deceptive Trade Practices Titles

Below are some of the library resources aimed at practitioners that can provide further guidance on this topic. The Texas State Law Library has many other resources in addition to the highlights we present below. Please call us at (512) 463-1722 if you have any questions about these materials.

This source book provides current information on handling Deceptive Trade Practices-Consumer Protection Act cases for practitioners representing both the plaintiff and the defendant. The volume also outlines step-by-step procedures for handling cases in every major consumer law category. A CD-ROM is also included that contains the full text of the book as well as over 290 DTPA forms from notices to petitions to deposition outlines.

This thorough treatment of the laws surrounding the Texas Deceptive Trade Practices Act contains the most current research. Coverage includes proper party plaintiffs and defendants, breach of warranty, unconscionability, the insurance code, and interaction with other laws. This annually updated publication contains case law information and appendices with historical versions of the DTPA.

The Deceptive Trade Practices Act (DTPA) is the leading consumer protection legislation in Texas. This e-book provides comprehensive, in-depth, and practical information as well as forms and checklists for those involved in a DTPA lawsuit.

Part of the Deception and Warranties Library from the National Consumer Law Center, the eighth edition of this title provides a broad overview of unfair and deceptive acts and practices law. Specific chapters focus on scope, demonstrating a UDAP violation, credit and collections, motor vehicle sales, home related transactions, litigating a UDAP case, private remedies, and state agency enforcement.

State Bar of Texas Continuing Legal Education Materials

The State Law Library is pleased to offer CLE e-books from the State Bar of Texas. CLE course materials from 2017 onward are only available as e-books. In order to access these items, you will need to register for a free library account with us.

Our Digital Collection page lists consumer protection CLEs available in an e-book format. In order to check out these e-books, you will need to register for a free library account with us.