Chapter 3CS

Chapter 3CS - Chapter 3 Deceptive Trade Practices Act...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
Chapter 3 Deceptive Trade Practices Act – Remedies p.247 - 334 Section I. Overview o 3 steps to recovery under the DTPA 1) can recover actual economic damages for any violation of the DTPA + attorney’s fees 2) if P can prove violation was “knowingly” can recover economic damages and mental anguish; economic damages may be trebled at the court’s discretion; also get attorney’s fees 3) if P can prove violation was “intentional” can recover economic damages, mental anguish, and up to treble the entire amount + attorney’s fees §17.50(b)(1) DTPA – remedial provision o §17.505 provides that as a “prerequisite” to filing a suit under the DTPA, the consumer must give notice. o You must give 60 days notice before filing suits. o if you don’t give notice the court will abate, but if you are coming up on statute of limitations it is okay to file the suit, then give notice, then continue with the suit in order to preserve your claim. o If D gives atty’s fees and damages after getting notice w/in the 60 day period, then the D has a complete defense. o Once you have been served you can make a motion to mediate; if the damages are over 15K then mediation must be granted and P and D split the costs. IF D are less than 15K then you do not have to mediate, and if it occurs, the side that wants to mediate must pay the expenses. o After mediation, you have 20 days to offer a new settlement. Notice & Abatement - Hines v. Nash o If consumer fails to give statutory notice of consumer complaint before filing suit and defendant makes timely request for abatement, trial court must abate the suit for 60 days; request for abatement is "timely" if made while purpose of notice, settlement and avoidance of litigation expense, is viable, and thus, request must be filed with answer or very soon after. Notice & Demand Letters - Silva v. Porowski – 1985 o Demand letter is sufficient to satisfy requirements of provision of Deceptive Trade Practices Act if it identifies nature of consumer's complaint and various amounts required to make him or her whole. What goes into a demand letter? 17.505(a) 1. reasonable detail of consumer’s specific compliant 2. amount of economic damages 3. damages for mental anguish if any 4. expenses including atty’s fees Don’t have to state specific section from the statute. How to respond? 17.502(d)(1-2) 1. the amount to settle for damages AND 2 the amount to settle for atty’s fees. What if rejected? 17.505(2) 1. if reasonable settlement offer rejected atty fees are capped up to that amount 2. if D makes offer that is the same or substantially the same as the jury verdict, then recovery is capped at that amount.
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
3. If D does not list separately attys fees and damages then they may not be entitled to
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

Page1 / 8

Chapter 3CS - Chapter 3 Deceptive Trade Practices Act...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online