Texas Judge Awards $11,416 in Deceptive Trade Practices Case

In May 2014, following a motor vehicle accident involving the plaintiff's 2003 BMW, the defendant, Allied Collision Center Inc., towed the vehicle from the scene. The plaintiff alleged the defendant's wrecker driver required her to sign a blank invoice before towing, purportedly stating the car would go to storage only and she could select a body shop later. Days later, the plaintiff requested to move the vehicle elsewhere, but the defendant stated work had already commenced. The defendant maintained the signed form authorized repairs.

The plaintiff sued the defendant under the Deceptive Trade Practices Act, alleging unconscionable conduct and false, misleading, and deceptive acts. She also contended the defendant refused to release her vehicle without full payment of the insurance repair estimate, despite having performed minimal work. The defendant counterclaimed for unjust enrichment and quantum meruit for work performed and storage. The plaintiff denied the counterclaim, arguing the work and most storage were unauthorized.

The plaintiff sought the value of her vehicle, estimated at $7,000 including sentimental value, and multiple damages under the DTPA, asserting the defendant's conduct was knowing and intentional. She also sought car rental expenses, attorney fees, and litigation costs. The defendant disputed these claims, citing the car's market value was under $3,000, its pre-existing collision damage, and salvage title. The defendant also argued a lack of documentation for certain expenses and costs.

Following a bench trial, the court found the defendant engaged in unconscionable conduct and false, misleading, and deceptive acts, deeming these actions knowing and intentional. The court awarded the plaintiff $2,634.23 in actual damages, $5,268.46 in multiple damages, $3,913.93 in attorney fees, and $500 in litigation costs, totaling $11,416.62. The defendant announced plans to appeal the judgment and requested the court strike findings on attorney fees and litigation costs.