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Anna Dailey May 17, 2023

Vehicle Protection Products under the Texas DTPA

The freight trucking industry in Texas is a crucial part of the state’s economy, employing one out of every sixteen Texans and generating billions of dollars. Of course, this is how corporations justify their business interest in Texas truckers. If you’re a Texas trucker, whether the owner-operator or the manager of a convoy, you know firsthand just how important the freight trucking industry is to the state's economy. You take precautions to maintain and service your vehicle, but all too often, the business you enter into an agreement with, whether it be a service agreement, warranty, or other form of vehicle protection product, fail to honor their agreement with you. This can not only be frustrating but detrimental to your business and everyone relying on your truck. In such cases, it's essential to know your consumer rights under Texas law, and that's where the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) comes in.

The Texas Deceptive Trade Practices-Consumer Protection Act, or “DTPA,” among other things, empowers Texas consumers to seek compensation for damages or loss caused by a vehicle protection product’s failure through a suit against the warrantor. The DTPA defines a warrantor as the institution or person named as the contractual obligator in a vehicle protection plan or warranty. In other words, if a large corporation is trying to force you to pay out-of-pocket for a semi-truck breakdown you know is covered by your vehicle-service contract, our firm will be able to file a consumer protection lawsuit against that dealership or warranty company on your behalf.

Even if you turned down the service agreement offered by the dealership when you purchased your semi-trailer or don't have a written vehicle protection plan, the DTPA still holds warrantors accountable for vehicle protection products, which can include oral agreements made during negotiations. For instance, if a salesperson made a verbal promise to repair your Mack truck's fifth-wheel coupling before your purchase and later refuses or neglects to do so, you still have legal options.

The DTPA also protects consumers in the purchase of a service regarding the quality of that service. The Implied Warranty of Good and Workmanlike Services ensures that when a consumer purchases a service, such as a routine oil change on your box trailer or a rebuilding of their freightliner's engine, that purchase will be performed with the skill and manner to be expected from a professional. Most importantly, for your eighteen-wheeler and consumer protection law, this warranty is Un waivable, making it an invaluable tool should you incur any costs caused by the negligence and incompetence of someone you trusted to work on your truck.

At our law firm, we understand how crucial the trucking industry is to Texas's economy and how crucial it is to our clients. That's why we're committed to helping truckers protect themselves and their vehicles. A breach of warranty can already be costly and frustrating, but the importance of this industry to you and your family make the stakes particularly high. If you find yourself facing a breach of contract or breach of warranty, there are legal avenues available to seek compensation and make things right. Our law firm is dedicated to helping you find those avenues and being a strong advocate in your search for justice under the law. Contact us today for a free consultation and let us help you get your truck back on the road and your business back on track.


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