Tyler, Texas Deceptive Trade Practices
The Texas Deceptive Trade Practices and Consumer Protection Act is an effective tool to be used in the situation where a consumer has been abused, defrauded or mislead. Although the DTPA applies to certain transactions involving up to $500,000 it is perhaps most effective in the situation where a large corporation abuses the little guy causing a few thousand dollars in damages and expects to get away with it simply because it is difficult and expensive for a consumer to take on big corporations.Texas Deceptive Trade Practices Examples
A good example of a deceptive trade practice involved an East Texas automobile dealership. A young couple purchased a sedan as a “demo” vehicle. The vehicle has been driven by the owner of the dealership. The owner assured the couple that the car was in perfect shape and was in new condition but for the few thousand miles that he had driven it. Several years later during minor repairs the buyers discovered that the owner of the dealership had been in a major accident while driving the sedan which required extensive repairs. The couple retained a Tyler Deceptive Trade Practices Attorney and a DTPA lawsuit was filed. A substantial confidential settlement was reached which included payment for the reduced value of the vehicle, punitive damages, costs, and attorneys’ fees.
Another good example of a deceptive trade practice involved the wrongful denial of health insurance benefits. A middle–aged man purchased an individual health insurance policy. Because he had suffered a heart attack in the past the health insurance company excluded all cardio–vascular problems from coverage under the policy. Several years later the man needed a hip replacement. When he sought preapproval of the hip replacement he received a letter from his health insurance company stating that their medical experts had determined that his hip problems were related to his excluded cardio–vascular problems and thus there would be no coverage for his hip problems. The dismayed insured turned to his doctor for help. His doctor wrote a letter to the health insurance company explaining that the hip problems were in no way connected or related to the cardio–vascular problems. The doctor received a similar letter explaining that the company medical experts had determined that the hip problems were indeed related to the cardio–vascular problem and were thus excluded. The patient retained a Tyler Deceptive Trade Practice Lawyer who sued the health insurance company under the DTPA. Discovery established that the company did not have any medical experts employed or retained and that the letter was a form letter frequently used to delay or deny claims. The case was settled for an amount in excess of three times the cost of the hip replacement surgery.
Tyler, Texas, is located in Smith County in the heart of East Texas. Tyler has become both the commercial and banking center for all of East Texas and an educational center being the home of the University of Texas at Tyler and Tyler Junior College. The medical community includes East Texas Medical Center, Trinity Mother Frances Health System, and the University of Texas Health Center at Tyler. Tyler is the county seat of Smith County and its courts include three county courts at law with expanded jurisdiction, four state district courts, and the United States District Court for the Eastern District of Texas – Tyler Division. Thus there are numerous courts in which a Tyler Deceptive Trade Practices Lawyer might file a serious personal injury case. Earl Drott has handled serious personal injury cases in all of the local courts.Tyler Deceptive Trade Practices Lawyer
Earl Drott, P.C. is located in South Tyler. From the Smith County courthouse square in downtown Tyler proceed south on Broadway Avenue to the intersection with Front Street. Turn left on Front Street and proceed to the intersection with Beckham Avenue. Turn right on Beckham Avenue and proceed south until the intersection of South Beckham Avenue/Highway 110 and Golden Road. The Bank of America building will be on the right. Earl Drott, P.C. is located on the fourth floor of the Bank of America building.