Consumer Protection

What can I do about products I bought that don't work?
Often, purchased goods will come with a warranty that will state such things as the length of time during which the manufacturer will replace the item or perform partial or complete repairs. It is always wise to review a written warranty for a particular item before making the purchase. The manufacturer is generally responsible for any promises made in the warranty. The warranty may not be in effect, however, if something has happened to change or damage the product after it has left the manufacturer. Certain damage or tampering with a product can void the warranty. In addition to express warranties (written or spoken warranties), Texas law enforces certain implied warranties (nonwritten or nonspoken warranties). Implied warranties may be effective to protect you against defects in a product, even if no such warranties were expressed by the seller of the product. For most products there is an implied warranty of merchantability. This provision requires that the product be fit for the ordinary purposes for which such products are used. Therefore, the purchaser of a product may have a warranty claim for a product that malfunctions, even though there was no written warranty given by the seller.

Texas law imposes on most services the requirement (or warranty) that the service be provided in a good and workmanlike manner. Just as with implied warranties for products, implied warranties for services may give the dissatisfied purchaser of those services a cause of action for breach of warranty.

What if the seller disclaimed any warranties?
In certain circumstances a seller can disclaim a warranty, but the seller must strictly follow guidelines to do so. Either the seller must inform you that you are buying the product "as is," or the seller can have you "waive" your rights under the Texas Deceptive Trade Practices Act.

To "waive" (or forfeit) your rights you must: (1) not be in a significantly disparate bargaining position; and (2) obtain a large, bold-faced notice informing you that you are waiving your rights. Even in these situations, a buyer often has a recourse against the seller. For example, such a waiver usually is ineffective regarding the sale of a home.

What if I bought a service, like a car or home repair?
As with the purchase of goods or products, it is customary for many providers of services to provide written or verbal warranties. If the service is not consistent with these warranties, the purchaser of the service may have a claim based on the express warranties made by the service representative.

Does Texas have a consumer protection law?
The Texas Deceptive Trade Practices Act is designed to protect purchasers or consumers of goods or services from the harm caused by a misrepresentation made by a seller of the goods or services. Many of the purchases of goods or services we make in our daily lives are included under the protection of this act. The Texas Deceptive Trade Practices Act sets forth certain procedures designed to encourage the seller to resolve differences with the consumer of his or her goods or services.

Remember, even though you have a valid legal claim against the seller of a product or service, if you cannot locate the seller to make the complaint or if it is likely the seller has no assets, you may have a good legal cause of action, but no way to collect. So, be careful to chose reputable providers of goods and services.

What if a creditor is harassing me?
The Texas Debt Collection Act and the federal Fair Debt Collection Practices Act limit the times and manner in which a creditor or the creditor's representative, such as a collection agency, can contact you regarding payment of your debt. For example, you may be protected from subsequent contacts at your place of employment or at your home during certain times.

What if I am denied credit?
If you are denied credit by a store or other business that regularly transacts business with its customers on credit, the Fair Credit Reporting Act requires that business to give you notice of the reason for the denial of credit. Also, the Equal Credit Opportunity Act states that you may not be denied credit on the basis of gender, marital status, race, or age.