TX Deceptive Trade Practices Law - An Option-(long

[Steve03GT]

http://www.texasbar.com/public/consu...sumer/dtpa.asp

I may have posted this already, but here we go again. Although this is for TX, I can assure you other states have similar laws which may be used for both the sway bar and MOPAR issues. Please review the link above, paying special attention to the foreword and the "Laundry List", no.s 1-25, of which I will post some of the more pertinent ones below:

Re: Foreward excerpts of interest:

A.Which Transactions Does the DTPA Apply To?
Most consumer transactions are covered by the DTPA. Although the DTPA does not cover every deceptive or unconscionable act or practice, it is quite broad. The DTPA provides that "false, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful."

B.The Element of Knowledge or Intent
The DTPA makes many practices illegal without requiring proof that the defendant intended to do something wrong or illegal. Unless the section involved requires otherwise, the consumer is not required to prove that the defendant ":intentionally" or "knowingly" violated the DTPA. This makes it easier to prove a violation of the DTPA, and provides a strong incentive for sellers of goods and providers of services to refrain from engaging in the prohibited acts and practices.

Nevertheless, the DTPA provides that if a defendant acts "intentionally," the judge or jury may award the consumer "additional damages" in an amount not exceeding three times the actual damages suffered by the consumer.

C.What Is Included Within the "Laundry List" of Acts and Practices Made Illegal by the DTPA?
The DTPA contains a "laundry list" of specific practices that are prohibited. This laundry list is found in section 17.46(b) of the Texas Business and Commerce Code. It contains 25 acts that violate the DTPA and for which consumers may sue, if the consumers relied on the act to their detriment. These twenty-five acts are described on the following pages.

Laundry List Items Of Interest:

(5) Representing goods or services that claim to have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities but do not or a person claiming to have a sponsorship, approval, status, affiliation or connection but does not.
This section has two main parts...

Misrepresentations about quantities include misstating the number of acres being sold in a real estate transaction and misstating the number of items contained in a box of candy. Misrepresentations about benefits of goods or services...
Misrepresentations about ingredients include stating that a product contains vegetable fat when it really contains animal fat.

What if we substitute "rear sway bar" for vegetable fatand "the axle thing-a-ma-jig" for animal fat?
I'm certainly no lawyer; however, it does look interesting!


(23) The failure to disclose information concerning goods or services known at the time of the transaction and was used to induce the consumer into a transaction whom otherwise would not have entered had the information been disclosed.
This section prohibits a seller from failing to disclose information known by the seller at the time of the transaction if such withholding of information is intended to induce the consumer into a transaction, and if the information is such that had the consumer known it at the time of the transaction, the consumer would not have made the purchases.
However...if the seller does not intend to induce the consumer to make the purchase by such omission, there is no violation of the statute.
Personally, if the dealer had disclosed the rear sway bar was not included as stated on the window sticker, rest assured, I would've negotiated the installation or walked out. I suspect they would've agreed to add the sway bar rather than lose the sale over a $200 part.
The "However..." above may be a defensefor the dealer; I'll talk to my girlfriend's em

[Jeff V]

Having taken contract and agency law in college, I think you have a clear case. Sorry I can't be party because my sticker did not indicate a rear sway bar was included.

DC probably is relying on the inprobability that anything will become of this.

Good luck.