Can a resident of one state who purchased something from someone in another state, file suit under DTPA across state lines?

UPDATED: Aug 16, 2012

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Can a resident of one state who purchased something from someone in another state, file suit under DTPA across state lines?

Does the act of DTP have to occur in written form or can verbal communications be used as evidence of DTP? Purchased an engagement ring from a friend of a friend in the business of diamond exchange and jewelry design. Verbally represented to my fiance that we would receive much more for the money by using her services than buying retail. Did not receive what we were told I had been given, nor do I believe what I did get is worth what I paid. Can’t get seller to put anything in writing; did not even get sales receipt or certificate copy with purchase. Rememdies offerare not suitable.

Asked on August 16, 2012 under General Practice, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of all states in this country if one was injured through some deception or breach of contract with respect to a transaction by someone living in another state, the injured party is free to file suit in the county and state where they reside under the DTPA or common law causes of action.

It does not matter if the representations were verbal or in writing that you relied upon to your injury. What matters is proving liability and damages with respect to the engagement ring that you have written about. I suggest that you may wish to consult further with an attorney that practices in the area of consumer law if you have further questions as to your matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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