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How To Ensure DTPA Compliance

By Joy Thomas
August 23, 2003

Each state has incorporated a Deceptive Trade Practices Act (DTPA), but the acts aren't the same, with states tailoring their law to meet the needs of constituents and e-commerce activity within their jurisdiction.

For instance, Texas' DTPA covers these aspects of breach of warranty:

  • Express warranty ' either written or verbal;
  • Warranties of merchantability ' in which the product can do what it is designed for; and
  • Fitness for a particular purpose in which the product can do what it was designed to do.

The Act also covers unconscionable acts that take advantage of consumers' lack of knowledge, capacity or ability.

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