Fraud and Deceptive Trade Practices

Fraud and Deceptive Trade Practices

In the practice of law, an attorney sees a wide range of ways that people cheat other people.  Recognizing that statutes have been passed to provide remedies for certain types of activities, reviewing some Texas statutes gives an idea of the ingenuity of some people in finding  ways to obtain money without working hard.

  • false promises and representations
  • passing off goods or services as those of another
  • causing confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods or services;
  • causing confusion or misunderstanding as to affiliation, connection, or association with, or certification by, another;
  • using deceptive representations or designations of geographic origin in connection with goods or services;
  • representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities which they do not have or that a person has a sponsorship, approval, status, affiliation, or connection which the person does not;
  • representing that goods are original or new if they are deteriorated, reconditioned, reclaimed, used, or secondhand;
  • representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;
  • disparaging the goods, services, or business of another by false or misleading representation of facts;
  • advertising goods or services with intent not to sell them as advertised;
  • advertising goods or services with intent not to supply a reasonable expectable public demand, unless the advertisements disclosed a limitation of quantity;
  • making false or misleading statements of fact concerning the reasons for, existence of, or amount of price reductions;
  • representing that an agreement confers or involves rights, remedies, or obligations which it does not have or involve, or which are prohibited by law;
  • knowingly making false or misleading statements of fact concerning the need for parts, replacement, or repair service;
  • misrepresenting the authority of a salesman, representative or agent to negotiate the final terms of a consumer transaction;
  • basing a charge for the repair of any item in whole or in part on a guaranty or warranty instead of on the value of the actual repairs made or work to be performed on the item without stating separately the charges for the work and the charge for the warranty or guaranty, if any;
  • disconnecting, turning back, or resetting the odometer of any motor vehicle so as to reduce the number of miles indicated on the odometer gauge;
  • advertising of any sale by fraudulently representing that a person is going out of business.
2017-05-10T11:10:25+00:00 March 30th, 2016|Business Law, Business Litigation, Deceptive Trade Practices, Fraud|