What is considered deceptive practice under consumer fraud law?

Under Texas consumer fraud law, a deceptive practice is an act that is meant to mislead or deceive a consumer. Deceptive practices can include false advertising, bait-and-switch tactics, and other practices that take advantage of consumers. In addition to deceptive practices, other activities considered consumer fraud include offering false or misleading information about goods or services, misrepresenting a product or service, failing to disclose material information about a product or service, or offering or implying a warranty or guarantee about a product or service that the business cannot fulfill. Additionally, Texas consumer fraud law prohibits anyone from using deceptive practices to deceive unknowing consumers into entering a contract or agreement, or other transaction. This includes offering goods or services that are faulty or deteriorated, or knowingly selling merchandise to a consumer knowing that the product does not conform to the material representations made by the seller. Consumer fraud also includes unfair or unconscionable acts that occur while negotiating the terms of a contract with a consumer. This includes charging an unreasonable price, making a false statement or misrepresentation in order to induce a consumer to enter into a contract, or misrepresenting or failing to disclose the terms and conditions of a contract. Lastly, other prohibited practices include refusing to accept delivery of goods or services that were already paid for, failing to give proper notice of cancellation or return policies, and refusing to honor a refund policy. All of these activities are considered deceptive practices that may be subject to prosecution under Texas consumer fraud law.

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