Consumer Protection Complaint

IN THE _____ JUDICIAL DISTRICT COURT

_____ COUNTY, TEXAS

[PLAINTIFF FULL LEGAL NAME],

Plaintiff,

v.

[DEFENDANT FULL LEGAL NAME],

Defendant.

Cause No. ___________

ORIGINAL PETITION AND CONSUMER PROTECTION COMPLAINT

(Tex. Bus. & Com. Code §§ 17.41 et seq.)

TABLE OF CONTENTS

1. Discovery Control Plan ................................................................................. 2
2. Parties ............................................................................................................. 2
3. Jurisdiction and Venue .................................................................................. 3
4. Conditions Precedent & Notice ..................................................................... 3
5. Definitions ..................................................................................................... 4
6. Factual Background ....................................................................................... 5

7. Causes of Action ............................................................................................ 6
   7.1 Count One – Deceptive Trade Practices (DTPA) ........................................ 6
   7.2 Additional Claims, If Independently Supported .......................................... 7

8. Damages & Risk Allocation .......................................................................... 8

9. Request for Injunctive Relief ........................................................................ 9
10. Attorney’s Fees .............................................................................................. 9
11. Limited Arbitration Statement ...................................................................... 9
12. Jury Demand ................................................................................................. 10
13. Prayer ............................................................................................................. 10
14. Verification ..................................................................................................... 11
15. Signature Block ............................................................................................. 12

1. DISCOVERY CONTROL PLAN

1.1 Under Texas Rule of Civil Procedure 190, Plaintiff states:

☐ This is an expedited action governed by Rule 169 and Level 1 discovery.

☐ Level 2 discovery applies by default.

☐ Plaintiff requests a Level 3 discovery-control order.

2. PARTIES

2.1 Plaintiff [PLAINTIFF FULL LEGAL NAME] (“Plaintiff”) is an individual residing at [PLAINTIFF ADDRESS] and is a “consumer” as that term is defined in Tex. Bus. & Com. Code Ann. § 17.45(4).

2.2 Defendant [DEFENDANT FULL LEGAL NAME] (“Defendant”) is a [corporation/LLC/etc.] organized under the laws of [STATE] with its principal place of business at [ADDRESS]. Defendant may be served with process by serving its registered agent, [NAME], at [REGISTERED AGENT ADDRESS].

3. JURISDICTION AND VENUE

3.1 This Court has subject-matter jurisdiction because [STATE THE COURT TYPE, THE RELIEF SOUGHT, AND THE AMOUNT-IN-CONTROVERSY FACTS THAT PLACE THE CASE WITHIN THAT COURT’S CURRENT JURISDICTION].

3.2 Venue is proper in _____ County, Texas under Tex. Civ. Prac. & Rem. Code § 15.002(a)(1) because all or a substantial part of the events or omissions giving rise to this suit occurred in this county.

3.3 [Address any forum-selection, removal, or transfer issue only if supported by the governing agreement and case-specific law.]

4. CONDITIONS PRECEDENT & NOTICE

4.1 Select and complete the applicable allegation under Tex. Bus. & Com. Code § 17.505:

☐ At least 60 days before filing this damages action, Plaintiff gave Defendant written notice reasonably detailing the complaint, economic damages, mental-anguish damages, and expenses, including attorneys’ fees. The notice dated [DATE] is Exhibit [__].

☐ Notice before filing was impracticable because suit was necessary to prevent limitations from expiring; notice may be served after suit as provided by § 17.505(b).

☐ The DTPA claim is asserted as a counterclaim, so pre-suit notice is not required under § 17.505(b).

4.2 All other conditions precedent have occurred or have been performed.

5. DEFINITIONS

For purposes of this Complaint, the following capitalized terms have the meanings set forth below:

“Act” means the Texas Deceptive Trade Practices-Consumer Protection Act, Tex. Bus. & Com. Code Ann. §§ 17.41 et seq.

“Consumer Goods” means the [product(s)/service(s)] purchased by Plaintiff from Defendant on or about [DATE].

“Defective Condition” means the material non-conformities, misrepresentations, or omissions alleged herein regarding the Consumer Goods.

“Laundry-List Misrepresentation” means any false, misleading, or deceptive act enumerated in Tex. Bus. & Com. Code Ann. § 17.46(b).

“Additional Damages” means the enhanced damages that § 17.50(b)(1) permits only upon the required knowing or intentional finding; the recoverable base and mental-anguish treatment differ between those findings.

6. FACTUAL BACKGROUND

6.1 On [DATE], Plaintiff visited Defendant’s place of business in [CITY] and purchased the Consumer Goods based on Defendant’s representations that the goods were “[SPECIFIC REPRESENTATIONS].”

6.2 Defendant expressly warranted that the Consumer Goods were “[WARRANTY LANGUAGE],” and that any related services would be performed in a good and workmanlike manner.

6.3 After purchase, Plaintiff discovered the Defective Condition, including but not limited to:
a. [DESCRIPTION OF DEFECT 1];
b. [DESCRIPTION OF DEFECT 2].

6.4 Plaintiff relied on Defendant’s Laundry-List Misrepresentations, which were material and induced the transaction.

6.5 Defendant failed and refused to cure or refund despite Plaintiff’s timely demand.

7. CAUSES OF ACTION

7.1 Count One – Deceptive Trade Practices (Tex. Bus. & Com. Code §§ 17.46, 17.50)

7.1.1 Plaintiff is a “consumer” and Defendant is subject to the Act.
7.1.2 Defendant engaged in Laundry-List Misrepresentations, including § 17.46(b)(5), (7), and (24) by [SPECIFY CONDUCT].
7.1.3 Such acts were producing causes of Plaintiff’s damages.
7.1.4 Plaintiff seeks economic damages. If the trier of fact finds knowing conduct, Plaintiff also seeks supported mental-anguish damages and additional damages authorized by § 17.50(b)(1). If the trier finds intentional conduct, Plaintiff seeks the distinct enhanced recovery authorized for that finding.

7.2 Additional Claims, If Independently Supported

Do not add common-law fraud, negligent misrepresentation, or warranty counts from labels alone. Plead each additional count only after verifying its current elements, limitations period, economic-loss restrictions, and available remedies against the case facts.

8. DAMAGES & RISK ALLOCATION

8.1 Economic Damages: $[AMOUNT] for purchase price, out-of-pocket costs, and consequential losses.
8.2 Mental Anguish: $[AMOUNT], only if supported by evidence and a knowing or intentional finding under § 17.50(b)(1).
8.3 Additional Damages: The amount, if any, authorized by § 17.50(b)(1) for the finding actually made.
8.4 Restoration of money or property under § 17.50(b)(3): [DESCRIBE].
8.5 Pre- and post-judgment interest at the highest rate allowed by law.
8.6 Costs of court.

9. REQUEST FOR INJUNCTIVE RELIEF

9.1 Pursuant to Tex. Bus. & Com. Code § 17.50(b)(2), Plaintiff seeks an order enjoining the acts or failures to act described herein.

9.2 [State the verified facts and current procedural authority supporting any requested temporary or permanent injunction.]

10. ATTORNEY’S FEES

10.1 Under Tex. Bus. & Com. Code § 17.50(d), a prevailing consumer shall be awarded court costs and reasonable and necessary attorneys’ fees.

11. LIMITED ARBITRATION STATEMENT

11.1 [If an arbitration agreement is asserted, plead only case-specific facts and verified grounds concerning formation, scope, delegation, waiver, or enforceability.]

12. JURY DEMAND

12.1 Plaintiff requests a jury trial and will pay the jury fee within the time required by Texas Rule of Civil Procedure 216.

13. PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests that Defendant be cited to appear and answer, and that upon final trial Plaintiff recover:

a. Actual economic damages;
b. Mental-anguish damages only upon the statutory finding required by § 17.50(b)(1);
c. Additional damages as authorized by § 17.50(b)(1);
d. Reasonable and necessary attorney’s fees;
e. Costs of court;
f. Pre- and post-judgment interest;
g. Temporary and permanent injunctive relief; and
h. Such other and further relief, at law or in equity, to which Plaintiff may be justly entitled.

14. OPTIONAL VERIFICATION

[Use a verification only when a statute, rule, or case-specific pleading requires it.]

STATE OF TEXAS )
COUNTY OF _____ )

BEFORE ME, the undersigned notary, on this day personally appeared [PLAINTIFF NAME], who, being by me duly sworn, stated under oath that the foregoing allegations are within [his/her] personal knowledge and are true and correct.

_______________________________
[PLAINTIFF NAME]

SUBSCRIBED AND SWORN TO before me on this ___ day of __________, 20__.

________________________________
Notary Public, State of Texas
My Commission Expires: __________

15. SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]
[Firm Address]
[City, State ZIP]
Telephone: (___) ___-____
Email: [EMAIL]

By: _______________________________
[ATTORNEY NAME]
Texas Bar No. __________

ATTORNEY FOR PLAINTIFF

SOURCES AND REFERENCES

• Texas Constitution and Statutes — Business & Commerce Code Chapter 17
• Tex. Bus. & Com. Code § 17.45 — current 2026 mirror text
• Tex. Bus. & Com. Code § 17.46 — current 2026 mirror text
• Tex. Bus. & Com. Code § 17.50 — current 2026 mirror text
• Tex. Bus. & Com. Code § 17.505 — current 2026 mirror text
• Texas Rules of Civil Procedure, effective March 1, 2026