Trouble with Trebles: Damages Under the Deceptive Trade Practices Act

The Deceptive Trade Practices-Consumer Protection Act provides consumers with a powerful tool to protect themselves against false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty. In an effort to provide further relief for consumers and penalize willful misconduct, § 17.50(b)(1) permits additional damages when the DTPA violation by the defendant was committed knowingly or intentionally.

Understanding the definitions of “knowingly” and “intentionally” under the DTPA is critical to proper pleading, and failure to comprehend the required standard could significantly change the potential recovery: “If the trier of fact finds that the conduct of the defendant was committed knowingly, the consumer may also recover damages for mental anguish, as found by the trier of fact, and the trier of fact may award not more than three times the amount of economic damages; or if the trier of fact finds the conduct was committed intentionally, the consumer may recover damages for mental anguish, as found by the trier of fact, and the trier of fact may award not more than three times the amount of damages for mental anguish and economic damages.”