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Irving Attorneys Litigate Claims of Unfair Trade Practices

TX lawyers protect businesses and employees

Unfair or deceptive trade practices that violate the Federal Trade Commission Act or similar state statutes harm competing businesses and employees. The MacFarlane Firm represents aggrieved companies and employees who have seen the market for their products or services damaged due to unlawful conduct from powerful business interests, working individually or in concert with other entities. I have helped plaintiffs with valid claims recover actual damages, attorney fees, and injunctive relief that ends the offending behavior. In cases of willful or knowing violations, plaintiffs stand to receive double or treble damages. On the other hand, I have defended businesses whose legitimate actions to protect their commercial interests have resulted in specious claims from disappointed competitors. If you have questions about your company’s exposure to liability for an unfair or deceptive trade practice claim, or you want to protect your right to an open and fair market for your goods or services, The MacFarlane Firm has the experience and resources to help.

Resolving disputes between businesses and between companies and employees

The MacFarlane Firm represents plaintiff and defendant companies in disputes alleging unfair trade practices. I also represent employers and employees in employment contract cases, where an alleged breach damages the ability of the company to do business or unfairly limit’s the employee’s chances of earning a living. Issues I litigate include:

  • Breaches of restrictive covenants
  • Infringement of copyrights and patents
  • Misappropriation of a name or likeness
  • Theft of intellectual property or trade secrets
  • Tortious interference
  • Trade defamation/libel
  • Trade name, trademark or service mark infringement
  • Undue influence

In many instances, I am able to avoid trial and negotiate a resolution that protects my client’s interests. However, when necessary, I am prepared to litigate matters vigorously in state or federal court.

Legal remedies in unfair trade practice lawsuits

Unfair trade practices are regulated by federal and state law. If a plaintiff is able to prove unfair trade practice by a preponderance of the evidence, the court may order various remedies:

  • Actual damages. Monetary losses you can prove
  • Statutory damages. Minimum amounts provided by law regardless of proof of actual damages
  • Treble damages. Many states allow courts to triple the damage award to further discourage unfair trade
  • Punitive damages. Additional monetary award meant to punish the defendant for his dishonesty
  • Attorney’s fees. Reimbursement is available in some states
  • Court injunction. An order to stop the unfair practice

I am often able to negotiate mutually acceptable terms of relief that avoid the time and expense of litigation, as well as the risk of an adverse court ruling.

Defense to consumer claims against businesses

The basis of the laws against unfair trade practices is that violations ultimately deprive consumers of the benefits of a competitive marketplace. Consumers individually or as a class can bring suit against a commercial company for a variety of fraudulent practices, such as:

  • “Bait and switch” selling tactics
  • Breaches of warranty
  • Deceptive pricing practices
  • False or deceptive advertising
  • False claims of sponsorship, approval or affiliation
  • Fraudulent offers of gifts or prizes
  • Pyramid schemes
  • Sale of substandard good

Unfortunately, the standards for proof in such cases can be very lax, making it all the more important to have an experienced business litigation attorney on your side.

Contact a dedicated TX law firm to protect your rights in the marketplace

To schedule a consultation with a consumer or business advocate at The MacFarlane Firm, call 469-453-6094 or contact me online. My office is conveniently located in Irving and serves clients throughout Texas.