Banks and the Texas Deceptive Trade Practices Act

The purpose of this article is to provide the practicing attorney with a useful reference source in the prosecution and defense of Deceptive Trade Practices Act ("DTPA") claims involving banks and other financial institutions. This article contains three primary parts. The first part contains an overview of DTPA actions in the context of bank transactions. The second part is a detailed analysis of the term "consumer" as defined in the DTPA and applied in banking litigation. The third part develops a theory of "financial intermediation" as an inherent part of banking activity and suggests that the service of financial intermediation should be considered by the courts in DTPA litigation.