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Can I charge different prices to different customers without violating discrimination laws in Texas? What are the requirements?

Based on the additional documents provided, there are certain requirements that must be met in order to charge different prices to different customers without violating discrimination laws in Texas.

Requirements for Charging Different Prices

According to Tex. Bus. & Com. Section 57.305 [2.1], a supplier may not discriminate, directly or indirectly, in the price among different dealers with respect to a purchase of equipment or a repair part of like grade and quality and identical brand, where the effect of such discrimination may be to substantially lessen competition, tend to create a monopoly in any line of commerce, or injure, destroy, or prevent competition with any dealer who either grants or knowingly receives the benefit of such discrimination. However, a supplier may charge a different price among dealers for purchases described by Subsection (a) if:

  1. the price difference is due to differences in the cost of manufacture, sale, or delivery of the equipment or repair part;
  2. the supplier can show that the lower price was made in good faith to meet an equally low price of a competitor; or
  3. the price difference is related to the volume of equipment purchased by dealers or market share obtained by dealers.

Additionally, Tex. Ins. Section 544.003 [3.2] states that a person does not violate Section 544.002 by charging different premiums or rates under a mass marketing plan if policyholders or enrollees with similar expense factors but different loss exposures are charged different premiums or rates.

Prohibited Discrimination

It is important to note that discrimination based on race, color, religion, national origin, age, gender, marital status, geographic location, disability, or partial disability is illegal in Texas [1.1][3.1][4.2][6.1]. Charging different prices to different customers based on any of these factors would be considered discriminatory and is prohibited by law.

Conclusion

In summary, it is legal to charge different prices to different customers in Texas as long as the price difference is not based on discriminatory factors such as race, color, religion, national origin, age, gender, marital status, geographic location, disability, or partial disability. Additionally, there are certain requirements that must be met in order to charge different prices among dealers for purchases of equipment or repair parts. It is recommended that you consult with a legal professional for specific guidance on your situation.

Please let me know if you have any further questions.

Source(s):
Jurisdiction

Texas