Texas Consumer law
Professor Richard M Alderman
Syllabus
This course is a condensed version of the three-hour Texas Consumer Law course,
taught in the spring semester. Emphasis will be placed on those areas of law that are
examined on the Texas Bar. Numerous old bar questions will be reviewed. Material
that will not be covered in detail includes products liability, warranty, and federal
debt collection.
Your grade will be based on a 48-hour take home exam, as well as class
participation. It is expected you will be prepared for each class.
Class will meet on January 4, 5, 6, 7, 8 from 9-12 and 1-2:50 with appropriate breaks
each day.
The Text will be Alderman's TEXAS AND CONSUMER LAW: CASES AND MATERIALS,
2015-16 ed.
Assignments
Read all pages assigned. Review and think about the answer for all of the problems.
Monday, January 4: Review Deceptive Trade Practices Act (current version) in
Appendix CD. Introduction, history of Deceptive Trade Practices Act [DTPA], and its
relationship to other Texas law. Read pages 1-88, who may use the DTPA, who is
excluded, who is a proper party defendant?
Tuesday, January 5: May a DTPA claim be filed as a class action? What constitutes a
violation of the Act? The most common claim is a violation of the laundry list.
Review section 17.46 and pages 88-132. Skip pages 133-216. This material will be
covered by lecture.
Wednesday, January 6: Read pages 237 to 324. When is notice required under the
DTPA? What must it contain, how much should you ask for? Read Problem 13
carefully. What damages may a consumer recover? When may a consumer recover
additional damages? When should a court award attorney’s fees? Can a consumer
recover under the DTPA as well as other causes of action?
Thursday, January 7:Read pages 325 to 406, 473 to 486. What defenses are
available to a DTPA defendant? Skip pages 407 to 473. [Arbitration will be covered
by lecture]
Friday, January 8: Quick lecture review torts and DTPA. Read Texas Debt
Collection Act in Appendix CD. Read pages 607-613. Read pages 688-691. Problem
25, answer only for state Act. Read pages 721-723, 729-739. Review all Problems in
these pages.