Hines v. Hash

OPINION

HECHT, Justice.

The Texas Deceptive Trade Practices— Consumer Protection Act provides that “[a]s a prerequisite to filing a suit seeking damages” under the Act, “a consumer shall give written notice” to the defendant of his complaint. Tex.Bus. & Com.Code § 17.-505(a). We granted writ of error in this case to consider the proper application of this provision.

Dutch Hines sued C.W. Hash, Jr. for damages under the DTPA, complaining that the roof Hash had installed on his home leaked. In his original petition Hines alleged that notice of his claim had been sent to Hash by certified mail,…