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Deceptive Business Practices

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October 19, 2006, 11:38
suzannewest
Deceptive Business Practices
Anyone have any input about prosecuting a local father/son duo who are mechanics and defraud customers? TPC 32.42(12) talks about materially false or misleading statements?

These men worked on a 70 year old lady's car twice, had it for weeks, promised new parts that were never replaced and ended up with a car that barely runs and $1600 paid for repairs. The only really solid facts I can prove are that they charged her for a new carburetor (sp?) and a mechanic has now told her that the one in her car is neither new nor has it been worked on.

Would promising a new car part fall under "a false statement in connection with the purchase or sale of property or service?"
October 19, 2006, 16:36
jsboone
If the defendant took money for a new carb, but never provided a new carb, then he stole the money represented by the charge on the bill for the part and the installation. 31.03(f) has an enhancement for theft from the elderly-up one level.