Final answer:
In a Deceptive Trade Practices Act (DTPA) action, the plaintiff may recover additional damages beyond just economic damages. This can include mental anguish and potentially triple damages for willful practices, which distinguishes DTPA from other civil actions.
Step-by-step explanation:
The question asks which of the specified options is correct in the context of a Deceptive Trade Practices Act (DTPA) action. In a DTPA action, a plaintiff is not required to prove negligence as in some other civil cases. Unlike proving negligence which requires a showing of a duty and a breach of that duty leading to damages, DTPA focuses on deceptive business practices regardless of negligence. The plaintiff may recover additional damages, not just economic damages, as a penalty for the business's deceptive practices. These might include mental anguish and attorneys' fees, and in some cases, a judge or jury may award up to three times the actual damages for certain types of willful practices. The burden of proof in a civil case, generally, is 'beyond a preponderance of the evidence,' which means the evidence must weigh more heavily on the plaintiff's side, rather than the 'beyond a reasonable doubt' standard which applies in criminal cases.
It is important to note that, according to the Federal Trade Commission (FTC) and various legal standards, advertising that includes exaggerated or ambiguous language and images may be permissible as long as they are not actually false. However, clear untrue "facts" in advertising are not allowed and could give rise to a DTPA claim.