Scams & Consumer Issues in Texas

Before filing a DTPA lawsuit in Texas, consumers must send a written notice to the business describing the alleged violation and the damages sought at least 60 days before filing suit under TBC Section 17.505. The business has 60 days to make a settlement offer. This process often results in pre-litigation resolution.

Economic damages, and for knowing violations, up to three times economic damages (mandatory). For intentional violations, mental anguish damages are also recoverable, with potential trebling. Attorney fees are mandatory for prevailing consumers.

Two years from the date you discovered or should have discovered the deceptive act under TBC Section 17.565.

Texas requires licensing for electricians, plumbers, HVAC contractors, and other specialty trades through TDLR. General residential contractors do not require a state license, but local jurisdictions (like Austin and Houston) may impose registration requirements.

Yes. The Texas DTPA provides enhanced protections when the victim is 65 years of age or older. The Texas AG may seek civil penalties of up to $250,000 per violation (compared to $20,000 for general violations) when the deceptive practice targets elderly consumers. Individual plaintiffs may also argue that targeting an elderly person constitutes a knowing or intentional violation, which triggers the mandatory treble damages provision. Texas Penal Code Section 32.46 also makes exploitation of the elderly or disabled a separate criminal offense with enhanced penalties.

Under the Texas DTPA, the level of intent affects available damages. For basic violations, consumers recover economic damages plus attorney fees. For "knowing" violations (the defendant knew the conduct was deceptive), consumers are entitled to mandatory treble damages — three times economic damages. For "intentional" violations (the defendant acted with specific intent to harm), consumers may also recover mental anguish damages, which can themselves be trebled. The distinction between knowing and intentional is significant because it determines whether non-economic damages like mental anguish are available. Establishing the defendant's state of mind is often the most contested issue in DTPA litigation.