Final answer:
To be convicted of fraud under the DTPA, three elements must be present: the victim incurring damages, an intentional false representation by the perpetrator, and the victim's reliance on that false information.
Step-by-step explanation:
Understanding Fraud Under the DTPA
To be found guilty of fraud under the Texas Deceptive Trade Practices Act (DTPA), several elements must be present. First and foremost, the victim must have incurred damages as a result of the fraudulent practice. This means there needs to be a quantifiable loss that the victim suffered. Secondly, there must be an intentional false representation; this refers to an knowingly untrue statement or deception made by the defendant. Lastly, it's essential that the victim must have relied on the false information provided; the victim's actions or decisions were made based on the incorrect or deceptive information they received.
Therefore, the correct answer to the question concerning the elements required for a fraud conviction under the DTPA is:
- (A) The victim must have incurred damages.
- (B) An intentional false representation.
- (C) The victim must have relied on the false information provided by the person committing fraud.
- (D) All of the above.