Law Office of Kimberly N. Shanklin, PLLC.
Serving Denton County Since 2002
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Deceptive Business Practices

Deceptive Business Practices

Chapter 32 of the Texas Penal Code defines offenses relating to fraud.

“Deceptive Business Practices”, as per § 32.42 of the Texas Penal Code, occurs when a person, in the course of business, intentionally, knowingly, recklessly, or with criminal negligence commits one or more of the following deceptive business practices:

  1. using, selling, or possessing for use or sale a false weight or measure, or any other device for falsely determining or recording any quality or quantity;

  2. selling less than the represented quantity of a property or service;

  3. taking more than the represented quantity of property or service when as a buyer the actor furnishes the weight or measure;

  4. selling an adulterated or mislabeled commodity;

  5. passing off property or service as that of another;

  6. representing that a commodity is original or new if it is deteriorated, altered, rebuilt, reconditioned, reclaimed, used, or secondhand;

  7. representing that a commodity or service is of a particular style, grade, or model if it is of another;

  8. advertising property or service with intent:

    A. not to sell it as advertised, or

    B. not to supply reasonably expectable public demand, unless the advertising adequately discloses a time or quantity limit;

  9. representing the price of property or service falsely or in a way tending to mislead;

  10. making a materially false or misleading statement of fact concerning the reason for, existence of, or amount of a price or price reduction;

  11. conducting a deceptive sales contest; or

  12. making a materially false or misleading statement:

    A. in an advertisement for the purchase or sale of property or service; or

    B. otherwise in connection with the purchase or sale of property or service.

An offense under Subsections 1-6 is:

  • a Class C misdemeanor if the actor commits an offense with criminal negligence and if he has not previously been convicted of a deceptive business practice;  or

  • Class A misdemeanor if the actor commits an offense intentionally, knowingly, recklessly or if he has been previously convicted of a Class B or C misdemeanor under this section.

An offense under Subsections 7-12 is a Class A misdemeanor.

Severity of Crime

Misdemeanor c

  • Fine not to exceed $500

Misdemeanor A

  • Confinement in jail for a term not to exceed one year

  • Fine not to exceed $4,000

  • Both such fine and confinement