Chapter 11 Quiz

In defending against a DTPA case, licensees using the timely written notice defense do not have to include

that they produce evidence that three independent sources were consulted before the written notice was submitted to the consumer

Statement NOT true with respect to the Texas DTPA

a licensee can safely rely on written and signed waiver

The following is provided by the Texas Deceptive Trade Practices Consumer Protection Act

a reasonable offer of settlement made within specified time limits in some defense transmittal of written information prepared by others, along with a written statement of reliance on such information, is a defense recovery of court costs and attorney fees is possible if the lawsuit is frivolous or harassing

Who is not included in the DTPA definition of the term consumer

business consumers with assets of $25 million or more

When a real estate salesperson licensee has been found guilty of a DTPA violation, the court

cannot suspend or revoke the license of the salesperson

The DTPA prohibits as unlawful

false acts misleading acts deceptive acts

Under the Texas DTPA an example of what is NOT mandatory

mandatory four times the actual damages

To be considered a violation of the DTPA, it is

necessary for a consumer to prove that the licensee intended to deceive or misrepresent the facts

All waivers of rights under the DTPA are

subject to the consideration of the court

Unconscionable actions in the DTPA is a vague term that allows the courts to

use their discretion in deciding cases where persons have been tricked or swindled