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Deceptive Business Practice Texas
Any individual or entity engaging in business through the sale of products or services is prohibited from engaging in misleading or deceptive business practices. The following conduct is considered a misleading or deceptive business practice.
- False advertising;
- Odometer tampering;
- Deceptive pricing; and/or
- Low stock scams
Depending on the facts and circumstances of the case, certain misleading or deceptive business practices are criminal offenses. An individual faced with deceptive business practices may be charged with a Class A or Class B Misdemeanor. The classification of the crime depends on the particular facts of the case, including the severity of the crime and age of the victim.
Dallas Deceptive Business Practice Lawyer
Like other white collar crimes, including credit card fraud, identity theft, or forgery, deceptive business practice charges are complex and should not be faced without experienced legal counsel. An individual convicted of deceptive business practices faces serious jail time and steep fines. It is imperative to consult an experienced white collar attorney.
If you have been charged for deceptive business practices in Dallas County, Tarrant County, Denton County, Collin County or the surrounding areas, contact The Law Offices of Richard C. McConathy immediately. The attorneys at The Law Offices of Richard C. McConathy have extensive experience defending individuals facing white collar crimes, including deceptive business practices.
The attorneys at The Law Offices of Richard C. McConathy will analyze each aspect of your case and develop a well-planned and aggressive defense strategy.
The Law Offices of Richard C. McConathy have a proven track record of obtaining the best results for clients faced with white collar crimes, based on their unique circumstances. Contact The Law Offices of Richard C. McConathy today at (972) 233-5700 or submit an online form to schedule a confidential consultation.
Deceptive Business Trades Information Center
There are a few different types of business practices that can count as deceptive or misleading. These include false advertising, bait and switch, odometer tampering, deceptive pricing, low stock scams, pyramid schemes and more.
- False Advertising – In the state of Texas it is illegal to make false statements about the advertiser's products and services or competitors' products and services. For example, giving false results or reviews on a product is not allowed.
- Bait and Switch - This type of deceptive practice happens when individuals are promised a price to get them into a store, later to find out that the product or service is much more expensive or not even available.
- Odometer Tampering – The Texas vehicle code makes it illegal to alter the mileage on an odometer. In some cases where an odometer has to be replaced the car seller needs to disclose the other odometers reading to the car buyer. Either that or they can replace the odometer with another one which has the same mileage.
- Deceptive Pricing – Businesses in Texas are not allowed to list an item on sale if it is not available at a regular price. This leads to consumers believing that they are getting a deal when in fact the item is just marked on sale to get them to purchase the product or service.
- Low Stock Scams – This type of deceptive business involves a sellers listing a low price for an item with a low quantity in stock, knowing that the ads will keep running even after the seller is sold out. The seller may include a number of items in stock in fine print to avoid committing this form of deceptive trade.
In most cases a deceptive business practices charge is classified as a misdemeanor in Texas. If the individual has no prior record or committing the offense, generally he or she will be charged with a Class C misdemeanor. A Class C misdemeanor is punishable by a fine or no more than $500.
If the individual has a prior conviction and has intentionally committed the offense, he or she will likely face a Class A misdemeanor. A Class A misdemeanor is punishable by no more than 1 year in jail and a fine of no more than $4,000.
Depending on the level of knowledge or intent, the jury or judge may increase the amount of damages to three times the actual damage. In a lawsuit, the consumer may be entitled to the following relief:
- Mental anguish damages
- Economic damages
- An Injunction
- Attorney fees and expenses
- Revocation of the seller's license or business certificate
The penalties are higher when involving pyramid schemes or when an elderly person is the victim and can be upgraded to a felony.
Usually, a DPTA or deceptive trade practice law suit must be filed within the first two years of the misleading act of the seller that caused the consumer damages. In certain circumstances the consumer may be able to pursue the claim more than two years after the misleading act if the act was concealed by fraud.
Deceptive Business Practice Defense Attorney Dallas
No matter the complexity of a charge for deceptive business practices, it is important to contact an attorney to start building a strong defense for your case. By contacting The Law Offices of Richard C. McConathy you can receive a free consultation and receive qualified legal representation from an experienced white collar attorney in Dallas. Call Richard C. McConathy today at (972) 233-5700 to discuss the details of your case.
The Law Offices of Richard C. McConathy diligently represents individuals throughout Texas, including Dallas, Allen, Irving, Highland Park, University Park, Plano, Southlake, Carrolton, Richardson, Mansfield, North Richland Hills, Denton, Flower Mound or the surrounding areas.