Miller v. Keyser

Under the Deceptive Trade Practices Consumer Protection Act (“DTPA”), 1 we are asked whether an agent for a disclosed principal may be held liable for passing along false representations made in the course and scope of his employment. The court of appeals answered that question no. 2 To the contrary, we hold that because the DTPA allows a consumer to bring suit against “any person,” 3 an agent may be held personally liable for the misrepresentations he makes when acting within the scope of his employment. As a result, we reverse the court of appeals’ judgment, and remand this cause to the…