What are the Texas Consumer Protection Laws?

As a consumer, you expect the manufacturers, distributors and advertisers to make, transport and sell a product with honesty. The product should function properly, efficiently, and come with a warranty at the very least as a show of good faith. Sometimes, however, a product may be falsely represented in advertising, or not built with integrity.

Texas Consumer Protection Laws

These laws don’t just cover faulty products or false advertising, they cover business practices that can sometimes turn abusive, such as debt collection. Many of us have experienced the harassing phone calls and threatening language debt collectors may use, but there is a line they cannot cross. The Fair Debt Collection Practices Act was approved in 1977, and it stipulates:

• The collector must contact you between 8 a.m. and 9 p.m.
• If the collector knows you are represented by an attorney in direct relation with the debt, they must contact said attorney and not you.
• If you submit in writing that you refuse to pay the debt, and that you want the collector to cease contact, they are required to do so upon receipt of the letter.
• The threat of violence against your person, property or reputation in any way is illegal.
• They may not use obscene or profane language.
• Any other conduct that could be seen as harassing, abusive or profane is prohibited.

If you have grounds for a suit based on a violation of these regulations, you could be awarded up to $1,000 in damages plus attorney fees. Debt collecting cases are the most common types of consumer protection claims.

Consumer Rights

Most of the time, you can only recover what the product was worth. This is unless that product directly caused further damage to your property or your health. For example, if a Samsung Note 7 spontaneously combusted and set your house on fire, you may be entitled to be compensated for all property damages and any injuries that may have happened because of that fire.

Consumer rights laws also require that companies be transparent in their general communication with the public. For example, if a defect existed on a certain type of car, the manufacturer knew about it, and failed to warn the public, you could file a suit for damages if you own that car. Attempts to hide problems, or any other negligence by a company, could be grounds for a large lawsuit that may involve multiple people.

How Do I File a Consumer Complaint?

There is much paperwork to fill out here, and a lot of time may have to be spent on the phone. The good news is you don’t have to do this all by yourself; hiring an attorney can expedite the process, and the company against whom you are filing a claim will take it more seriously if you hire a lawyer.

The process starts by gathering receipts, warranties, contracts, email correspondence, or any other supporting documents you may have. Then you will contact the company or seller of the product, preferably in writing so that you have physical evidence that contact was indeed made. Try contacting everyone you can think of at the company. If they fail to respond within a certain time frame, contact a local consumer protection office and/or the Better Business Bureau to lodge your formal complaint.

If all of this fails, then legal representation will absolutely become necessary here. A personal injury attorney can file a lawsuit, negotiate a settlement, or gather any other evidence on your behalf.