RELATED TERMS: DTPA | Deceptive Trade Practices Act | consumer law | interest of consumers | common law fraud | statutory fraud
| deception | nondisclosure | misrepresentation |
exemplary damages | statutory laundry list violations |

The DTPA prohibits “[f]alse, misleading, or deceptive acts or practices in the conduct of any trade or commerce.”  
TEX. BUS. & COMM. CODE ANN. § 17.46(a) (West 2011).  Section 17.46(b) contains a laundry list of specifically
prohibited acts.  Included in that laundry list are (1) “representing that goods  or services have characteristics which
they do not have,” (2) “representing that goods or services are of a particular . . . quality, . . . if they are of another, ” (3)
“representing that an agreement confers or involves rights, remedies, or obligations which it does not have or
involve,” (4) “representing that a guarantee or warranty confers or involves rights or remedies which it does not have
or involve,”  and (5) “failing to disclose information concerning goods or services which was known at the time of the
transaction if such failure to disclose such information was intended to induce the consumer into a transaction into
which the consumer would not have entered had the information been disclosed.”  Id. § 17.46(b)(5), (7), (12), (20)
and (24).  Actionable representations may be oral or written.  Helena Chem. Co. v. Wilkins, 47 S.W.3d 486, 502 (Tex.
2001).  Intent to make a misrepresentation is not required to recover under section 17.46(b)(5), (7), and (12).  See id.
       Under section 17.50(a), a DTPA plaintiff may recover “economic damages” for which the defendant’s
misconduct was a producing cause.  TEX. BUS. & COM. CODE ANN. § 17.50(a) (West 2011).  Economic damages
include both benefit-of-the-bargain damages similar to those recoverable for breach of contract and out-of-pocket
damages.  See W.O. Bankston Nissan, Inc. v. Walters, 754 S.W.2d 127, 128 (Tex. 1988) (explaining that out-of-
pocket and benefit-of-the-bargain are two measures of damages under the DTPA, and noting that a plaintiff may
recover the greater of the two measures).  Additionally, “recovery under the DTPA is not exclusively limited to only
these two types of damages.”  Manon v. Tejas Toyota, Inc., 162 S.W.3d 743, 754 (Tex. App.—Houston [14th Dist.]
2005, no pet.).  Rather, the consumer may recover its “total loss sustained . . . as a result of the deceptive trade
practice,” including “related and reasonably necessary expenses.”  Id.; see D.S.A., Inc. v. Hillsboro Indep. Sch. Dist.,
973 S.W.2d at 662, 663–64 (Tex. 1998) (explaining that a plaintiff can recover, in addition to out-of-pocket-expenses,
any loss otherwise suffered as a consequence of misrepresentations); Henry S. Miller Co. v. Bynum, 836 S.W.2d
160, 162 (Tex. 1992) (holding that DTPA damages include recovery for “lost capital investment”).  In other words, the
consumer is “permitted [to recover] other damages to ensure that the plaintiff is made whole.”  Bynum, 836 S.W.2d at
162.

Bejjani v. TRC Services, Inc. (Tex.App.- Houston [14th Dist.] Nov. 19, 2009)(Boyce)
(
DTPA car repair, foreclosure of mechanic's lien, segregation of attorney’s fees)
AFFIRMED: Opinion by
Justice Boyce  
Before Justices Anderson, Frost and Boyce   
14-08-00750-CV   Khalil Bejjani, Individually and dba Bejjani Enterprises, Inc., and dba Bejjani
Automotive Group, Inc., and dba Toyex Bimmer Sales & Services and dba Toyex/Bimmer; Bejjani
Enterprises, Inc., Individually, Et al v. TRC Services, Inc.   
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge:
Jacqueline Lucci-Smith

David Rafes, Inc. v. Huml (Tex.App.- Houston [1st Dist.] Oct. 29, 2009)(Jennings) (defamation
business disparagement claim re low product quality,
tortious interference with prospective business
relationships, substantial truth defense to defamation claim succeeds)
AFFIRM TC JUDGMENT: Opinion by
Justice Jennings     
Before Justices Jennings, Higley and Sharp  
01-08-00856-CV    David Rafes, Inc. v. Michael Huml and Slowboy Racing, Inc.   
Appeal from 11th District Court of Harris County
Trial Court Judge:
Hon. Mark Davidson

Harrison v. Charlie Thomas Ford, Ltd. (Tex.App.- Houston [1st Dist.] Sep. 24, 2009)(Sharp)
(
DTPA, Finance Code violations in installment sale of motor vehicle alleged, waiver of arguments on
appeal)
AFFIRM TC JUDGMENT: Opinion by
Justice Sharp  
Before Chief Justice Radack, Justices Taft and Sharp   
01-08-00164-CV  Russell W. Harrison v. Charlie Thomas Ford, Ltd., d/b/a Charlie Thomas Ford   
Appeal from 61st District Court of Harris County
Trial Court Judge:
Hon. John Donovan

Robertson v. Barnes (Tex.App.- Houston [14th Dist.] July 30, 2009)(Sullivan)
(
home owner, consumer law, DTPA, home in poor condition, stucco problem, failure to disclose
claim, structural repair for seller's disclosure purposes construed as referring to repair of
loadbearing components) (
directed verdict affirmed)  
AFFIRMED: Opinion by
Justice Sullivan  
Before Justices Brock Yates, Guzman and Sullivan  
14-07-00791-CV  Chris Robertson v. Joe Barnes and Sandion, Ltd d/b/a Coldwell Banker United,
Realtors
Appeal from 280th District Court of Harris County
Trial Court Judge:
TONY LINDSAY

Rivers v. Charlie Thomas Ford, Ltd (Tex.App.- Houston [14th Dist.] Jun. 4, 2009)(Anderson)
(
consumer law dispute over car purchase)
AFFIRMED: Opinion by
Justice Anderson   
Before Chief Justice Hedges, Justices Anderson and Seymore  
14-08-00229-CV Deleaser L. Rivers v. Charlie Thomas Ford, LTD d/b/a Charlie Thomas Ford
Appeal from 190th District Court of Harris County
Trial Court
Judge: Patricia J Kerrigan

Daniels v. Richardson (Tex.App.- Houston [1st Dist.] Apr. 16, 2009)(Hanks)
(
product liability, claims against seller vs. manufacturer, warranty, DTPA, issue of jury charge error)
AFFIRM TC JUDGMENT: Opinion by
Justice Hanks   
Before Chief Justice Radack, Justices Alcala and Hanks  
01-06-00242-CV
Jack Daniels d/b/a Daniel's Rentals v. Edward Richardson d/b/a Blue Saphire Lawn Care  
Appeal from County Court at Law No 1 & Probate Ct of Brazoria County
Trial Court Judge: Hon. Jerri Lee Mills

Buggelli v. Feltis (Tex.App. - Houston [14th Dist.] Aug. 28, 2008)(Guzman)
(DTPA, challenge to judgment on
settlement agreement, waiver of error)
AFFIRMED: Opinion by Justice Guzman  
Before Justices Frost, Seymore and Guzman
14-07-00027-CV        James Buggelli v. Alan J. Feltis and Roy J. Crosby d/b/a Royal Aero
Appeal from 269th District Court of Harris County
Trial Court
Judge: John Woolridge

Heckel v. Allen Samuels Chevrolet and GE (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Guzman)
(
product liability claim time-barred, warranty claim remanded)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Guzman  
Before Justices Brock Yates, Guzman and Brown
14-07-00254-CV        Sharon Heckel v. Allen Samuels Chevrolet and General Motors Corporation
Appeal from 333rd District Court of Harris County
Trial Court Judge:
Joseph J. Halbach

No detrimental reliance on misrepresentation shown - summary judgment for defendant
affirmed Wood v. Texas Chiropractic College (Tex.App.- Houston [1st Dist.] July 24, 2008)
(Jennings) (
student's suit against private educational institution, DTPA, negligent misrepresentation,
reliance element, no-evidence summary judgment for defendant affirmed)
AFFIRM TC JUDGMENT: Opinion by
Justice Jennings
Before Justices Taft and Jennings, The Honorable Hudson
01-07-00952-CV Kelly Wood v. Texas Chiropractic College
Appeal from 190th District Court of Harris County
Trial Court
Judge: Hon. Jennifer Walker Elrod  

Jack v. Holiday World of Houston (Tex.App.- Houston [1st Dist.] June 19, 2008)(Taft) (DTPA, motor
home purchase, mistrial, improper comments in presence of jury, Batson challenge)
AFFIRM TC JUDGMENT: Opinion by
Justice Taft  
Before Justices Taft, Keyes and Alcala
01-06-00816-CV Herbert L. Jack v. Holiday World of Houston, Forest River, Inc., Bank of America, N.
A. | Appeal from 281st District Court of Harris County
Trial Court
Judge: Hon. David J. Bernal

Texas Supreme Court dismisses consumer class action complaining of unsafe safety
belts; says plaintiffs have no standing to sue even individually because they have not
been injured (yet)
Daimler Chrysler Corp. v. Inman, No. 03-1189 (Tex. Feb. 1, 2008)(Opinion by Justice Nathan Hecht)
(class action dismissed on standing grounds, jurisdictional dismissal, DWOJ)

Texas Supreme Court decertifies class in consumers' class action against Best Buy
Best Buy Co. v. Barrera, No. 07-0028 (Tex. Nov. 30, 2007)(per curiam)(consumer law, class actions,
class de-certified, class certification)
BEST BUY CO. AND BEST BUY STORES, L.P. v. VELMA V. BARRERA, INDIVIDUALLY AND ON
BEHALF OF OTHERS SIMILARLY SITUATED; from Nueces County; 13th district (
13-05-00258-CV,
214 S.W.3d 66, 11/30/06)

Mott v. Red's Safe and Lock Services, Inc. (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Hanks)
(DTPA,
products liability, warranty breach)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Hanks
01-06-00823-CV Larry Gene Mott and Cheryl Ann Mott v. Red's Safe and Lock Services, Inc. d/b/a
Red's Hardware and Security, and Red's True Value Hardware
Appeal from 151st District Court of Harris County (
Judge Caroline Baker)

Ritchie v. Dr. Yazdi, Apple Dentists, PLLC (Tex.App.- Houston [14th Dist.] May 22, 2007)(Yates)
(HCLC)(dentist
malpractice, negligence, no DTPA against physician, interest on judgment)
AFFIRMED AS MODIFIED: Opinion by Justice Brock Yates
14-05-01232-CV Lycett Ritchie v. Dr. Neshat Yazdi, Apple Dentists, PLLC & Dr. Fatemah Bijan
Appeal from 281st District Court of Harris County (Judge
David J. Bernal)

The Landing Council of Co-Owners v. Durham (Tex.App.- Houston [14th Dist.] Nov. 20, 2007)
(Seymore)(
DTPA, jury, exemplary damages award deleted)
AFFIRMED AS MODIFIED: Opinion by Justice Seymore
14-06-00417-CV The Landing Council of Co-Owners v. James B. Durham and Mary Lou Durham
Appeal from Co Civil Ct at Law No 2 of Harris County (
Judge Gary Michael Block)

Loewe v. Trammell Crow Co. (Tex.App.- Houston [14th Dist.] Nov. 15, 2007)(Edelman)
(
commercial lease, shopping center, professional services exception bars recovery under DTPA,
summary judgment for defendants affirmed)

Cole v. Cassel (Tex.App.- Houston [1st Dist.] Nov. 1, 2007)(Alcala)(DTPA, real estate litigation,
earnest money)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala
01-06-00304-CV Curtis S. Cole v. Craig Cassel, Brenda Cassel, Marcia Clark, Preston Jullian
Appeal from 281st District Court of Harris County (
Hon. David J. Bernal)
Appellant, Curtis Cole, appeals a take-nothing summary judgment rendered in favor of Craig Cassel, appellee, in
Cole’s suit for deceptive trade practices, breach of contract, common law fraud, real estate fraud, negligent
misrepresentation, and detrimental reliance resulting from a failed real estate contract. Cole does not frame any of
his challenges as issues or points of error, but rather describes his assertions in paragraph form, without
enumeration.
We conclude that the trial court properly rendered summary judgment in favor of Cassel on Cole’s deceptive trade
practices claim and that Cole waived his other challenges due to inadequate briefing. We affirm the judgment of the
trial court.

Zarzana v. Ashley (Tex.App.- Houston [14th Dist.] Jan. 23, 2007)(Yates)
(DTPA, counterfeit inspection sticker, fraud, negligent supervision)
AFFIRMED: Opinion by Justice Brock Yates
Before Chief Justice Hedges, Justices Brock Yates and Seymore
14-06-00100-CV        Sam Zarzana v. Donald Ashley and Charles Ashley d/b/a Meineke Car Care
#10--Appeal from 190th District Court of Harris County (Hon. Jennifer Elrod Walker)

Tejas Toyota, Inc. v. Coffman (Tex.App.- Houston [1st Dist.] May 3, 2007)(Nuchia)
[consumer law, DTPA, auto service, oil change,
attorneys fees]

Appellant, Tejas Toyota, Inc. (Tejas), appeals the trial court's judgment awarding actual damages and attorney's fees
to appellee Lisa Coffman in her lawsuit against Tejas for negligence, breach of warranty, and violation of the
Deceptive Trades Practices-Consumer Protection Act (DTPA) (1) in connection with damages allegedly resulting
from an oil change. In five issues, Tejas complains that (1) the trial court erred in excluding evidence of the prior
condition of the automobile, (2) the evidence was factually insufficient to support an implied finding that the oil
change was the producing or proximate cause of the damages, (3) the evidence was factually insufficient to support
the amount of the damages award, (4) the trial court erred in finding that the amount of attorney's fees was
reasonable and necessary, and (5) the evidence was factually insufficient to support the amount of the attorney's
fees awarded. We affirm.

We conclude that the evidence was factually sufficient to support the trial court's finding that the fees awarded were
reasonable and necessary and in awarding $21,000 in attorney's fees for the trial, plus additional fees contingent on
appeal. Accordingly, we overrule Tejas's fourth and fifth issues.

Tello v. Bank One, NA , 218 S.W.3d 109 (Tex.App.- Houston [14th Dist.] Jan. 9, 2007)(Seymore)
(auto lease,
DTPA) [vehicle lease, breach of contract, fraud, DTPA]
AFFIRMED: Opinion by Justice Seymore
(Before Justices Hudson, Frost and Seymore)
14-04-00888-CV        Pablo Tello v. Bank One, N.A.: Banc One Texas Leasing Corp
Appeal from Co Civil Ct at Law No 2 of Harris County  (
Judge Gary Michael Block)
Dissenting Opinion by Justice Frost
DTPA and Other Consumer Case Law from Courts of Appeals
(Tex.App.- Houston)
Houston Opinions
Old Harris County Civil Courthouse
Houston Opinions
Navigation Bar
for Legal Topics Pages and Web
Pages on Law Firm Specialty &
Lawyer Practice Area

FEEDBACK
Email the Houston Opinions
Webmaster
Comment on this Page

CONTACT US LINKS
(FOR ATTORNEYS)
SEO AND SEARCH ENGINE
MARKETING FOR LAWYERS
LAW LINK LEVERAGE
CIVIL LITIGATION SUPPORT
RESEARCH AND PARALEGAL
E-SERVICES

PRACTICE AREAS AND
TOPICAL CASE LAW PAGES
ADR in Family Court
Amicus & Ad Litem
Attorney's Fees
Animal Law Cases
Arbitration Case Law
Arbitration Confirmation Suits
Attorney Fee Litigation
Auto Accident Cases
Bill of Review Cases
Car Wreck Litigation
Child Support Cases
City of Houston Cases
Consumer Case Law
Condemnation Suits
Constitutional Challenges
Construction Law
Contractors & Subcontractors
Contempt of Court
CPS DFPS Termination Suits
Credit Card Debt Suits
Default Judgments
Discovery Disputes
Divorce Suits & SAPCR
Division of Property
Election Law Litigation
Eminent Domain Cases
Employment Law
Ethics and Recusal
Expunction Cases
Family Law Cases
Family Mediation ADR
Firefighter Litigation
Foreclosure
Foreign Judgments
Forum and Venue
Fraudulent Transfers
Government Entities
Grandparent Rights
Harris County Litigation
HCAD Appraisal Appeals
Health Care Coverage
Healthcare Liability
Homeowner Law
Insurance Litigation
International Family Law
Juvenile Court Cases
Labor and Employment
Legal Malpractice
Breach of Lease Cases
Landlord-Tenant Disputes
Medical Coverage
Medical Malpractice
Modification SAPCR Suits
Official Immunity Cases
Paternity, Parentage Suits
Post-Divorce Actions
Premises Liability
Probate Court Cases
Products Liability
Property Tax Litigation
Property Tax Appeals
Public Employment
Real Estate Litigation
Restaurant Litigation
Restricted Appeal
Sanctions Case Law
SAPCR Modification
School Law Cases
School Districts
Slip and Fall Liability
Sovereign Immunity
Temporary Injunctions
Texas Tort Claims Act
Workers Comp Appeals
Workplace Safety & Injury
Venue Challenges
HOUSTON CASE LAW BLOG
AUSTIN CASE LAW BLOG
8/1/09