Legal Question in Consumer Law in Texas

Re: Time Frame

If what you mean by a consumer claim is how long do you have to file an action under the Texas Deceptive Trade and Practice Act... then the answer would be a DTPA lawsuit generally must be filed within two years after the date on which the false, misleading, or deceptive act or practice occurred.

If the deceptive act took place over a period of time, then, to be safe, you should begin suit two years from the date of the first such action.

However, in cases where violations of the DTPA, by their very nature are concealed or difficult to detect...the consumer has a longer time within which to file suit; two years after he or she discovered, or in the exercise of reasonable diligence should have discovered, the occurrence of the false, misleading, or deceptive act or practice.

Finally, there is a special provision that provides that if the consumer proves that failure to begin the lawsuit within these time limits was caused by the defendant knowingly engaging in conduct solely calculated to induce the consumer to refrain from or postpone the commencement of the suit, the right to file suit may be extended for an additional 180 days. In other words, if a violator of the DTPA strings you along by promising to make good, and does this intending to make you wait past the two-year time limit, and then "changes his or her mind" once the time limit has passed, he or she may not be able to get away with the deception.

Consulting an attorney is strongly advised especially when dealing with matters regarding the statute of limitations or time limit for filing suit.

Remember that you should make your demands for correction of the problem or violation right after you discover it. If you do not get your complaint satisfied within a reasonable period of time, and after giving the alleged violator a good faith opportunity to make good, you should promptly contact a lawyer to protect your legal rights. In general, two years is the absolute maximum allowed for filing suit, but you should never wait to take action until the last minute, because you might be wrong, and thereby lose your legal rights.