What are some common defenses in consumer fraud cases?

When facing consumer fraud charges in Texas, defendants may use various legal defenses to challenge the charges. One common defense is that the sales transaction was conducted in good faith. This defense argues that the defendant was unaware of any wrong-doing and that the purchase was done without intent to commit fraud. Another defense is lack of sufficient evidence. In fraud cases, the plaintiff must establish that the defendant committed an intentional act with the sole purpose of defrauding the plaintiff. This can be difficult to prove and if the defendant is able to show that there is not enough evidence to support a consumer fraud charge, the case may be dismissed. The statute of limitations is another defense. In Texas, consumer fraud claims must be made within the two-year period following the date of the sale or service. If the claim is made after this period, the defendant may argue that the claim is no longer valid. Innocent misrepresentation is another defense used in consumer fraud cases. This defense argues that the defendant made a mistake of fact or law when representing the product or service, but they did not do so with the intention of defrauding the consumer. Finally, lack of reliance on the misrepresentation is also used as a defense. This means that the plaintiff did not act on the misrepresentation and that the plaintiff would have still purchased the product or service if the misrepresentation had not existed. If this defense is applied, the defendant may not be found guilty of consumer fraud.

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What are some common defenses in consumer fraud cases?

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