Far too often in today’s commercial world, individuals, entrepreneurs, governments, and businesses are damaged by false, misleading or deceptive acts or practices made by a larger corporation or business entity.
The type of deceptive acts or practices that give rise to the need for a consumer protection attorney can include:
- false advertising;
- misrepresentations that goods or services have certain sponsorships, characteristics or uses which they do not have; and
- misrepresentations about rights or benefits one is entitled to receive.
Worse still is when a partner or someone with a fiduciary duty engages in acts of betrayal. When any one of these matters occurs, you may quickly discover yourself in a unique and disheartening position, requiring the expertise of a Houston Texas consumer attorney who has been involved in consumer protection litigation around the country.
Consumer Rights Cases We Have Handled
When a group of nursing students at a university discovered they had been misled about whether the university was authorized to grant a bachelor’s of science degree in nursing, twelve students retained Houston consumer rights lawyer Richard Schechter to represent them. Richard filed suits on behalf of each of student (and sometimes their parents) in counties around the state of Texas. Among the claims alleged were not only claims for fraud and violation of the Texas Deceptive Trade Practices Act, but also for breach of contract in Texas. The Law Office of Richard Schechter, P.C. ultimately obtained confidential settlements for each of the students.
Additionally, those in charge of the nursing program resigned and the university in question ceased making the misrepresentations. If you are a student at a for-profit college or private university and feel you have been misled by the institution about the benefits it can offer, you may want to contact the consumer rights lawyer in Houston who successfully represented these students, Richard Schechter.
When the owner of a logging business in East Texas purchased a certain brand of hydraulic fluid, little did he know the batch had been contaminated. He used the hydraulic fluid in all his equipment, and much of it broke down. The cost of repairs and downtime of the equipment drove him out of business. This entrepreneur turned to a trusted consumer attorney in Houston, Richard Schechter. Richard filed suit on behalf of this small businessman and was able to recover a settlement that allowed this entrepreneur to purchase new equipment and reestablish his business. As for the company that produced the contaminant, they filed for bankruptcy.
When owners around the United States of certain model pick-up trucks and large SUVs had problems with their air conditioning systems, they turned to consumer product attorney Richard Schechter to file class action lawsuits on their behalf, alleging the vehicles had a defective air conditioning system. These class action lawsuits sought to help the consumers to recover both the costs to repair the defective components as well as the diminished value of their vehicles due to the defective air conditioning system.
Finally, when a lawyer discovered that her partner in their law practice was engaged in questionable activity, she turned to breach of contract attorney in Houston, Richard Schechter, to represent her. In the middle of the deposition of her partner, the commercial litigation attorney on the other side stopped the deposition, and the parties immediately reached a settlement.
Types of Consumer Protection Lawsuits
- State Deceptive Trade Practice Claims: Each state has its own consumer protection laws that protect individuals and businesses from false, misleading or deceptive acts and practices. In Texas, it is called the “Deceptive Trade Practices-Consumer Protection Act.” This statute provides for the recovery of economic damages suffered due to a violation of the Act, as well as attorney’s fees and costs. The Texas DTPA also allows for recovery of mental anguish and treble damages if the deceptive conduct was committed knowingly or intentionally.
- Federal Consumer Protection Act Claims: Federal laws also provide potential rights to consumers and businesses damaged by deceptive acts or practices. One such statute is the Magnusson-Moss Warranty Act. Enacted in 1975, this federal statute governs warranties on consumer products and allows for recovery of damages and attorney’s fees.
- State Common-Law Claims: Individuals and businesses with consumer rights claims may also be able to file suit under state common-law (non-statutory) causes of action. Such lawsuits might include claims against a company for fraud, intentional or negligent misrepresentations and unjust enrichment. The elements of proof for these claims vary from state to state, so you will want a consumer protection lawyer like Richard Schechter who has handled this type of litigation.
Breach of Contract Lawyer
Personal injury attorney Richard Schechter has also litigated cases involving breach of contract on behalf of consumers and businesses. Such claims include failing to pay monies owed on an employment contract, a third-party interfering with a contract, theft of trade secrets and breaches of covenants not to compete. Because he understands the nature of business and the need to handle these cases quickly without incurring excessive fees and litigation expenses, Richard Schechter is the contract attorney Houston trusts.
If you feel you have been treated unfairly and have been the victim of a deceptive practice or misrepresentation, contact Houston consumer attorney and contract dispute lawyer
Richard Schechter for a free consultation.