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Texas Deceptive Trade Practices Act Statute Of Limitations In Allegheny

State:
Multi-State
County:
Allegheny
Control #:
US-000289
Format:
Word; 
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Description

This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.

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FAQ

Section 541.162 - Limitations Period (a) A person must bring an action under this chapter before the second anniversary of the following: (1) the date the unfair method of competition or unfair or deceptive act or practice occurred; or (2) the date the person discovered or, by the exercise of reasonable diligence, ...

That is because the Deceptive Trade Practices Act (DTPA) in Texas has a two-year “statute of limitations.” A lawsuit must be filed within two years of the fraudulent sale, lease, repair, service, or other offending conduct.

In Texas, a two-year filing deadline applies to almost any lawsuit seeking the repair or replacement of damaged or destroyed property, whether it's real property or personal property.

Under the discovery rule, a cause of action accrues when a claimant discovers or in the exercise of reasonable diligence should have discovered the injury and that the injury was likely caused by the wrongful acts of another. See Childs v. Haussecker, 974 S.W. 2d 31, 40 (Tex.

Actions under the DTPA must be commenced within 2 years after the date on which the DTPA violation occurred. The action must be commenced within 2 years after the actual act, or within 2 years after the consumer discovered or should have discovered the occurrence of the DTPA violation.

More info

The Deceptive Trade Practices Act (DTPA) in Texas has a twoyear "statute of limitations. The Court found that the statute of limitations was tolled for the cause of action alleging violations of DTPA for a period of ten (10) years.Sec. 17.46. DECEPTIVE TRADE PRACTICES UNLAWFUL. Questions regarding the statute of limitations or time limit for filing suit are often difficult and confusing. The Texas Deceptive Trade Practices Act (DTPA) has a 2 year statute of limitations. It also requires a 60 day notice before filing suit. There is no deadline for the attorney general to file suit under the DTPA, but private litigants must file suit within a twoyear statute of limitations. Unfair Trade Practices and Consumer Protection Law, 73 Pa. Stat. Ann.

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Texas Deceptive Trade Practices Act Statute Of Limitations In Allegheny