The Texas Deceptive Trade Practices Act (DTPA) is codified in Chapter 17, Subchapter E of the Texas Business and Commerce Code. The purpose of the DTPA is to protect consumers from false, misleading or deceptive business practices, unconscionable actions or breaches of warranty.
To prevail in a claim brought under the Texas Deceptive Trade Practice Act, it must be established that:
1. The plaintiff is a consumer;