- An individual, partnership, corporation, this state, or a subdivision or agency of this state who seeks or acquires by purchase or lease, any goods or services.  Does not include business consumers with assets of $25 mil. or more.

- The goods or services purchased or leased must form the basis of the complaint.

- Vertical privityis privity which includes all parties in the distribution chain from the initial supplier of the product to the ultimate purchaser.

- Horizontal privity describes the relationship b/t the original supplier and any non purchasing party who uses or is affected by the product, such as the family of the ultimate purchaser or a bystander.

- Direct contractual privity b/t an individual and the defendant is not a consideration in determining an individual's status as a consumer under the DTPA.

- Standing as a consumer is established in terms of the individual's relationship  to the transaction, not by a contractual relationship to the defendant.

- Beneficiary of the Purchase: One may acquire goods and services that have been purchased by another for the plaintiff's benefit.

- Objective of the Transaction

- Objective in the Transaction

- Capacity to Purchase

- Capicity to Contract (this one is not required to be a consumer, but can use it)

- Relationship to a Transaction Rule

- Continuing Transaction Rule

- Beneficiary of the Purchase

- In-Connection with Rule

- Inextricably Intertwined

- Holders in Due Course

- Assignees (only if the action involves a breach of K)

- Lawyers and Physicians

- You can bring a DTPA action for unconscionability for substantive unconscionability.

- 2 parts to prove substantive unconscionability:

1. Takes advantage of the lack of knowledgge, ability, or capacity of a person to a grossly unfair degree; or

2. Results in a gross disparity b/t the value received and the consideration paid in a transaction involving the transfer of consideration.

- On Satisfaction Rule

Types of Damages:

- Out of Pocket (expenses, atty. fees, etc.)

- Mental Anguish: allows for these damages; if conduct knowingly wrong then can get not more than 3 times economic damages; if conduct was intentional then can get 3 times (mental anguish + economic damages); mental anguish is more than mere apprehension.

- Exemplary

- Economic/Actual

- Cumulative

- A net recovery is not a prerequisite to recover atty. fees.