California Business and Professions Code 12024.1 BPC makes it a crime to misrepresent a charge for a service. If convicted, this misdemeanor carries up to six months in jail and a fine of up to $1,000 plus court costs.

California law values honesty and integrity in business dealings, especially when charging for services. Thus, BPC 12024.1 prohibits misrepresenting goods or services charges to a client or customer, reinforcing the ethical responsibility of all business owners.
BPC 12024.1 applies when a person or business misrepresents a charge for a service performed.
The law says that it is a crime for someone to willfully misrepresent, either by himself or through another, a charge for a service based on weight, time, measure, or count.
Under this law, the word "willfully" means a party must intentionally misrepresent a charge to be guilty under this code section. This clarification helps you understand the legal language and its implications.
A misrepresentation made by accident is not a violation of this statute. The term "misrepresent" means giving a false or misleading report of something.
What Does the Law Say?
The full text of Business and Professions Code 12024.1 BPC says, "Every person, by himself, or through or for another, who willfully misrepresents a charge for service rendered based on weight, time, measure, or count is guilty of a misdemeanor."
The law explicitly targets businesses or individuals who intentionally misrepresent the actual cost of the goods or services they offer. This can happen in several ways, including:
- Charging for goods or services not delivered or performed.
- Overcharging for goods or services beyond what was quoted or agreed upon or
- Misleading customers about the total cost of goods or services.
As noted, to "misrepresent" something means to give a false or misleading report.
What Must Be Proven to Convict?
To convict you of misrepresentation of charges under BPC 12024.1, the prosecution must only prove two vital elements of the crime beyond a reasonable doubt, such as the following:
- You made a clear misrepresentation of the charges for the goods or services you offer to a customer, and
- You did so intentionally and willfully (i.e., intending to steal or deceive).
What Are Some Examples?
- EXAMPLE 1: Jake runs an auto repair shop. John takes his car in for an oil change and brake inspection. To inflate the price of this service, Jake adds an extra half-hour of labor that the mechanic didn't work. Jake can be charged with violating BPC 12024.1.
- EXAMPLE 2: Maria owns a catering business. She agrees to cater a small wedding and provides a detailed quote for the services, including food, drinks, and staff. After the event, Maria sends an invoice to the bride and groom, including charges for additional guests who were not present and various premium items not served. Maria can be charged with violating BPC 12024.1.
- EXAMPLE 3: Kevin manages a hotel. When a guest checks out, the final bill includes charges for minibar items the guest did not consume and room service orders never placed. By willfully adding these false charges, Kevin is misrepresenting the cost of the service provided and can be charged under BPC 12024.1.
What are Related Offenses?
Violations of BPC 12024.1 may occur in tandem with other related crimes, which may result in additional charges. These include, but are not limited to:
- False Advertising (Business & Professions Code 17500 BPC). Making false or misleading statements about the goods or services one offers. This may involve a pattern of deceit that includes the misrepresentation of charges. Simply put, this law makes it a crime to engage in false or deceptive advertising to consumers about the nature of a product or service. It covers false or misleading print, digital, or other advertising media statements.
- Selling False Quantity (Business & Professions Code 12024 BPC). Willfully misrepresenting the quantity or amount of a commodity sold to a customer. A prosecutor must prove that the defendant, either by himself or through another, sold a commodity and did so in less quantity than they represented. A "commodity" is a basic good sold to customers in commerce, such as electricity and natural gas.
- False Pricing (Business & Professions Code 12024.2 BPC). Selling something at a higher price than advertised, posted, or promised. This law makes it a crime for someone to sell a commodity at a higher price than advertised, marked, or displayed for or at a higher amount than the lowest price posted on the commodity itself. A violation of BPC 12024.2 is a wobblette offense, meaning it can be charged as either a misdemeanor or an infraction.
- Unfair competition (Business & Professions Code17200-17209 BPC). This law prohibits false advertising and other anti-competitive practices. Unfair competition is any unlawful, dishonest, fraudulent business act, practice, or false, deceptive, or misleading advertising that gives one business an unfair advantage. Notably, to file a lawsuit for unfair competition, you must have lost money or property due to false advertising or unlawful practices.
- Selling a False Quantity (Business & Professions Code 12024 BPC). It is a crime to sell a false quantity of any commodity, that is, to represent, price, and sell a commodity as being a certain quantity when it is actually less than the quantity represented.
What are the Penalties for Violating BPC 12024.1?
Misrepresenting charges is a misdemeanor offense in California. If you are convicted of this crime, you could face:
- Fines of up to $1000, and
- Up to 6 months in county jail.
The judge also has the latitude to impose probation instead of jail time, which may include conditions such as community service and restitution to the victim.
What Are the Common Defenses?
If you are accused of misrepresentation of charges under BPC 12024.1, a skilled California criminal defense attorney can employ several defenses to contest the allegations. Some of the most common defense strategies include:
- The Misrepresentation Was Accidental: BPC 12024.1 only applies to acts of willful misrepresentation. This does not constitute a crime if you can show evidence that your charges were inaccurate due to an accident or a mistake.
- Charges Were Accurate: If the charges were accurately represented and the customer was fully informed, then the basis of the misrepresentation claim may be invalid. You would need to supply clear documentation and records to support this defense.
- Coerced Confession: If law enforcement used unreasonable or aggressive interrogation techniques to get you to confess to a crime you didn't commit, the confession must be excluded from evidence, and the judge may dismiss the charges.
Contact our criminal defense law firm for additional information. Eisner Gorin LLP is based in Los Angeles, CA.
Related Content: