Civil Trial & Consumer Law

Civil Trial

For many clients, the idea of going to court can seem daunting. Put a skilled Austin Consumer Fraud Attorney on your side who can demystify the process and aggressively advocate for you. Your attorney can explain what to expect from the civil trial process.

Starting a Lawsuit

Before resorting to litigation, your Austin consumer fraud attorney will review the facts of your case and the relevant law with you. Equally important is knowing who may be legally responsible for your claim. In business and consumer disputes it can be particularly difficult to locate the legal entity who may bear fault. If resolution can’t be reached outside of court, your attorney will prepare the necessary documents to file your lawsuit.

Conducting Discovery

Once a lawsuit is filed, your Austin consumer fraud attorney will develop a strategic discovery plan which may include depositions, document requests, written interrogatories and other legal tools designed to uncover all the relevant facts of your case, good or bad. From there, your attorney will develop your case theme as well as design a settlement package if appropriate. Your attorney will also handle any discovery requests served on you by the opposing side.

Settlement Negotiations & Trial

Once your attorney has a clear picture of the strengths and weaknesses of your case, he can discuss settlement strategies with you. There’s no guarantee that your opponent will agree to or offer a fair settlement, but your Austin consumer fraud attorney will help educate you on what constitutes a reasonable estimate of your case’s value.

Contract Business & Consumer Law

If settlement isn’t possible, your case may be scheduled for trial. Your attorney will be there with you every step of the way.  It is very important to have an attorney that can represent your business and contract issues.  You must work with your attorney to secure witness statements, respond to discovery requests and ultimately prepare for the big day. Again, although your attorney can’t promise a favorable verdict, you can go into the process knowing that you have a zealous, aggressive advocate in your corner.

Texas has many laws in place to protect consumers from the unscrupulous actions of businesses and an Austin consumer fraud attorney can help explain the available remedies.

Deceptive Trade Practices Act (DTPA)

The DTPA is the primary consumer protection law in Texas. Specific acts that are deemed to be misleading, deceptive or false are listed in the statute. An Austin consumer fraud attorney can bring a lawsuit on behalf of the injured consumer to collect damages, which may include attorney’s fees if the consumer prevails in the suit. Additionally, if the business acted knowingly or intentionally in its improper business practices, three times actual damages may be awarded.

Debt Collection Act

This legislation prohibits unfair, deceptive and abusive actions in the collection of debts. Although there are federal debt collection protections available, an Austin consumer fraud attorney will explain that Texas law offers broader coverage that extends to both third party debt collectors as well collectors collecting their own debts.

Other Protections

Texas has established consumer protections in many other areas such as consumer loans, housing, time shares, telephone solicitation and home improvements. In addition, even where no specific legislation addresses a transaction or an event, a person injured may bring suit to collect for any damages sustained. If a contract existed between the injured party and another entity, a breach of contract action may be filed. If one party was negligent and that negligence caused an injury, the injured party can bring an action in tort.

Contact an Austin Consumer Fraud Attorney

There are a variety of remedies available to a consumer or any other person who has suffered a loss due to the improper actions of another. For a clear understanding of your rights, call an experienced Austin Consumer Fraud Attorney from Nunis & Associates at (512) 236-9696.