Whether your company is big or small, disputes happen. I have worked with businesses and business owners over the years to safeguard their rights. I have handled multiple lawsuits involving commercial disagreements and can assist you and your business with the following remedies:
• Contract disputes- disagreement on the meaning of terms, breach of terms, failures to perform etc.
• Tortious interference- where one party interferes with the contract or business relationships of another party
• Theft of trade secrets- where one party uses confidential business information without authorization
• Fraudulent misrepresentation- where a party makes a false statement that is material to the transaction with the intent to deceive and induce the other party into contract and the party reasonably relied on the false statement
• Trade libel/disparagement- a form of defamation available to businesses where financial loss is suffered due to the publication of false statements
Texas Deceptive Trade Practices-Consumer Protection Act
The primary purpose of the act, as the name might suggest, protect consumers against false, misleading, and deceptive business practices. This is done by prohibiting certain acts as laid out in the code and if an entity commits one of those acts then one may pursue a private remedy against the entity.
But who is protected by the act? Only consumers are permitted to file under the DTPA. However, consumer is defined as any individual, partnership, corporation, or governmental entity who seeks to purchase or lease goods or services. It does not cover any business that has $25 million or more in assets or is controlled by a corporation or entity that has $25 million or more in assets. This means that most individuals and small businesses are entitled to bring a suit under the DTPA while large entities may not.
The DTPA makes many practices unlawful without requiring proof that the defendant intended to do wrong unless the section otherwise requires it. This makes it easier for consumers to recover and provides incentives to sellers to refrain from engaging in unlawful behavior. The DTPA provides for escalated damages if it is found that the defendant acted intentionally, then the judge or jury may award additional damages not to exceed three times the actual damages.
The DTPA provides a laundry list of practices that are outlawed which can be found in §17.46(b) of the Texas Business and Commerce code. These acts range from passing off goods or services as those of another to operating pyramid schemes. Contact a state licensed to find out if you have a remedy available to you under the DTPA.
Litigate, mediate or negotiate?
While I am perfectly happy to litigate on your behalf sometimes the most expedient and least expensive method to resolving your dispute is negotiating a settlement with the other party. Finding the best resolution for my clients can involve a variety of strategies tailor made for each client. I have successfully litigated cases in court and reached great settlements for my clients out of court and will work to apply my experiences as best suits your claim.
If you are facing a claim or need to make a claim against another party call me today at 713-609-1898. Most business case consultations are free.
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