Consumer Protection Law Commons^™

Antitrust And Consumer Protection, Leslie Sara Hyman, Matthew J. Mcgowan

Student Scholarship

Consumer welfare is the common concern of the antitrust laws, the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA), the Texas Insurance Code (TIC), and various other statutes prohibiting fraudulent conduct in dealing with consumers. Antitrust laws, however, primarily address the misuse of market power to harm consumers, while anti-deception statutes focus on consumer harm brought about through

deception and a litany of other unlawful practices. The antitrust laws and the anti-fraud statutory schemes therefore are best viewed as focusing on complementary aspects of consumer welfare.

This article covers significant developments under federal and Texas antitrust laws and consumer protection laws …

Consumer Protection, Matthew J. Mcgowan

Student Scholarship

The Texas Deceptive Trade Practices-Consumer Protection Act (DTPA)1 focuses on consumer harm brought about through deception.2 This article covers significant developments under the DTPA during the Survey period, December 1, 2016, through November 31, 2017.

Some of the salient changes to the DTPA came through statutory additions inserted by the 85th Texas Legislature during the Summer 2017 session, which added to the DTPA’s laundry list of violative acts and also amended the Texas Insurance Code such that related DTPA claims may be more easily removed to federal court. Also, case law developments have, among other things, revealed that certain DTPA …