Who qualifies as a 'consumer' under the Texas DTPA?

    Direct Answer

    Under the Texas DTPA, a 'consumer' is an individual, partnership, corporation, or governmental entity that seeks or acquires goods or services by purchase or lease. The goods or services must form the basis of the complaint. To qualify, the claimant must have been seeking goods or services—not just money—and must have had a transaction or potential transaction with the defendant. Certain large businesses and some transactions are excluded.

    Rule Under Texas Law

    • Tex. Bus. & Com. Code § 17.45(4) defines 'consumer' broadly to include individuals and entities.
    • The consumer must seek or acquire goods or services by purchase or lease.
    • The goods or services must form the basis of the DTPA complaint.
    • A person seeking only money damages (not goods or services) is generally not a consumer.

    What You Must Prove

    • The claimant is an individual, partnership, corporation, or governmental entity.
    • The claimant sought or acquired goods or services by purchase or lease.
    • The goods or services form the basis of the complaint.
    • The claimant's claim arises from a consumer transaction.

    Common Defenses

    • The claimant did not seek or acquire goods or services from the defendant.
    • The claimant was seeking only money, not goods or services.
    • The claimant is a large business exceeding asset thresholds for business-consumer claims.
    • The transaction was not a consumer transaction under the statute.

    Related Texas DTPA Pages

    Can a business bring a DTPA claim?What qualifies as a deceptive act?What damages are available?Is pre-suit notice required?What is the statute of limitations?What are common defenses?

    Talk to a Texas DTPA Attorney

    If you need advice on a potential Texas DTPA claim or defense, an attorney can evaluate consumer status, notice compliance, damages, and available defenses based on your facts.

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