Question

A consumer may bring a suit against a broker under the DTPA if the broker's actions were the ...........cause to the damages incurred by the consumer?

Implied
Notifying
Contributing
None of the above

Answer 1

To bring a suit under the DTPA, the broker's actions must be the contributing cause of the consumer's damages, which means it was a substantial factor in causing harm that would not otherwise have occurred. The correct answer is option Contributing.

Step-by-step explanation:

A consumer may bring a suit against a broker under the Deceptive Trade Practices Act (DTPA) if the broker's actions were the contributing cause of the damages incurred by the consumer. Contributing cause, in legal terms, refers to an act or omission that is a substantial factor in bringing about harm and without which the harm would not have occurred.

To establish a deviation under DTPA, a plaintiff must prove that the deceptive act or practice was a but for or producing cause of the consumer's damages. Notifying or implied causes are not the legal standards for DTPA claims. Actions under the DTPA are based on a standard of causation that requires a direct nexus between the act and the plaintiff's damages.