San Antonio appeals court rules plaintiffs' attorney not a "consumer" under Texas DTPA

The San Antonio court of appeals recently held that a plaintiffs' attorney was, under the Texas Deceptive Trade Practices Act (DTPA), not a "consumer" of court reporting services secured by defense counsel for depositions of the individuals plaintiffs in a suit in federal court.

Defense counsel retained the court reporting services of Kim Tindall & Associates (KTA) for the defense's deposition of the plaintiffs. In state court, the plaintiffs' attorney sued the court reporting service, KTA, under the DTPA, alleging KTA didn't provide copies of the plaintiffs' deposition and misstated the availability of the deposition transcripts for review. The 4th Court held that, under these circumstances, the plaintiffs' attorney was not a "consumer" under the DTPA.

Read the full opinion here.