The Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) focuses on consumer harm brought about through deception. This article covers significant developments under the DTPA during the Survey period, December 1, 2016, through November 31, 2017. Some of the salient changes to the DTPA came through statutory additions inserted by the 85th Texas Legislature during the Summer 2017 session, which added to the DTPA’s laundry list of violative acts and also amended the Texas Insurance Code such that related DTPA claims may be more easily removed to federal court. Also, case law developments have, among other things, revealed that certain DTPA fraud claims might be barred by the ecclesiastical abstention doctrine while others may be fatally defective because they lack an enforceable contract as a predicate.
Matthew J. McGowan, Consumer Protection, 4 SMU Ann. Tex. Surv. 127 (2018)