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

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