Texas A&M Law Scholarship

Title

Consumer Protection

Authors

Matthew J. McGowan

Document Type

Article

Publication Date

10-2018

Journal Title

SMU Annual Texas Survey

Abstract

The Texas Deceptive Trade Practices-Consumer Protection Act (DTPA)1 focuses on consumer harm brought about through deception.2 This article covers significant developments under the DTPA during the Survey period, December 1, 2016, through November 31, 2017.

Some of the salient changes to the DTPA came through statutory additions inserted by the 85th Texas Legislature during the Summer 2017 session, which added to the DTPA’s laundry list of violative acts and also amended the Texas Insurance Code such that related DTPA claims may be more easily removed to federal court. Also, case law developments have, among other things, revealed that certain DTPA fraud claims might be barred by the ecclesiastical abstention doctrine while others may be fatally defective because they lack an enforceable contract as a predicate.

First Page

127

Last Page

140

Num Pages

14

Publisher

Southern Methodist University, Dedman School of Law

Recommended Citation

Matthew J. McGowan, Consumer Protection, 4 SMU Ann. Tex. Surv. 127 (2018).
Available at: https://scholarship.law.tamu.edu/student-scholarship/8

FIle Type

PDF