What is the difference between civil fraud and consumer deception?

Civil fraud and consumer deception are two distinct forms of legal action in California. Civil fraud is defined as a deliberate act or omission of information that causes harm to another person. This harm can be financial or property-related in nature. Consumer deception, on the other hand, is defined as any business practice that is deceptive or misleading to consumers. It involves providing false information or making false promises to consumers in order to induce them to buy goods or services. The primary difference between civil fraud and consumer deception is that civil fraud is prosecuted in civil court, while consumer deception is prosecuted in criminal court. In civil court, defendants can be sued for damages, while in criminal court, defendants can face criminal charges. Civil fraud requires that the victim of the fraud prove that the defendant intended to commit a fraud, while with consumer deception, the burden of proof is lower and it is easier to prove that the defendant intended to mislead the consumer. In California, civil fraud can carry harsher penalties than consumer deception, as it is considered to be a more serious offense. Additionally, civil fraud can result in punitive damages, which are damages awarded to a victim of fraud to punish the defendant for their wrongdoing. Consumer deception, however, generally does not result in punitive damages. Overall, civil fraud and consumer deception have very different definitions, liabilities, and consequences in California. It is important for individuals to be aware of these differences when considering legal action.

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