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California Business & Professions Code Section 12024.1 BPC: Misrepresentation of Charge for Service

There are a lot of people who charge for services in the State of California, and while they often have a lot of room to set their own rate and charge how they see fit, there are laws out there to protect clients. In cases of Misrepresentation of Charge for Service, it’s important to determine why the client was charged unfairly, and whether or not the additional charges were accidental or purposeful.

Definition of California Business & Professions Code Section 12024.1 BPC: Misrepresentation of Charge for Service

In the State of California, professionals are allowed a lot of leeway and flexibility when it comes to how much they’re allowed to charge for the services they offer. However, when someone either overcharges for their services or misrepresents their prices or services, it could be considered a criminal offense in violation of California Business & Professions Code Section 12024.1 BPC: Misrepresentation of Charge for Service.

In order for the prosecution to prove that a crime was committed, they would need to show that the defendant purposely misrepresented a service charge based on measure, weight, count or time.

California Business & Professions Code Section 12024.1 BPC: Misrepresentation of Charge for Service is related to the offenses of Inaccurate Pricing, Selling Short Quantity and Petty Theft.

Example of California Business & Professions Code Section 12024.1 BPC: Misrepresentation of Charge for Service

A graphic designer charges based on an hourly rate of $100. When the graphic designer’s business practices are investigated, it’s shown that she double-billed clients on various occasions, charging them $200 for one hour instead of $100 per hour. Or, the graphic designer charged for more hours than were spent, based on their timekeeping and their invoices. The graphic designer could be charged with violating California Business & Professions Code Section 12024.1 BPC: Misrepresentation of Charge for Service.

Defenses Against California Business & Professions Code Section 12024.1 BPC: Misrepresentation of Charge for Service

If the defended did not intentionally or knowingly misrepresent their charges for service, they would most likely not be found guilty of the crime.

For example, let’s say the graphic designer accidentally entered the wrong amount of hours into her invoicing platform. The client gets a bill that shows double the amount of hours than worked, and charges that match the doubled hours. The client tells the graphic designer that the bill looks much higher than expected, and the graphic designer realizes their mistake, fixes the invoice and charges the client correctly. In this case, the graphic designer would not be liable under California Business & Professions Code Section 12024.1 BPC: Misrepresentation of Charge for Service.

Penalties if Charged

If you’re found in violation of Misrepresentation of Charge for Service, it’s considered a misdemeanor. The sentence that comes with this charge is up to one year in jail, plus high fines. It’s also probable that the defendant would need to pay restitution fees to the victims, as well as the amount that was unlawfully charged. It’s also possible that the person found guilty would face disciplinary actions by the California licensing board, which could result in loss of license.

Criminal Defense

If you or someone you know is being investigated for Misrepresentation of Charge for Service, or if you’ve already been charged with Misrepresentation of Charge for Service, it’s necessary to contact a local criminal defense attorney as soon as possible. Being convicted of an offense like this can destroy a professional’s reputation, business and means of income. Additionally, the defendant could potentially lose their professional license, and possibly face jail time.


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
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Mesonista parsons
2021-03-05
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My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
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debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
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Asata Hendricks
2021-03-02
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Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

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