False or Misleading Advertising
Every consumer has the legal right to receive truthful information about any products or services they wish to purchase without being deceived or misled by advertisers. Under federal and state laws, making false, misleading, and/or deceptive claims about the quality, nature, price, or purpose of any products or services is illegal.
The Federal Trade Commission (FTC), the main federal agency that regulates false and misleading advertising practices, requires all advertisements to be truthful, fair, and non-deceptive. Furthermore, all advertisers must have proof to support their claims made in advertisements.
If you or a loved one has been defrauded by a company employing false or misleading advertising, you may be eligible to seek compensation for your losses. Please contact us today to speak to a qualified consumer fraud attorney who can evaluate your case and inform you of your legal rights and options. You may be eligible to participate in a consumer fraud class action lawsuit.
What is false or misleading advertising?
False advertising consists of any claims that are untruthful or deceptive to a reasonable consumer. Misleading advertising consists of any claim(s) that may give a consumer the wrong impression about a product they wish to purchase or use. State and federal regulators also monitor unfair advertising practices. False or misleading advertisements may cause damage to consumers including financial losses.
While in some cases the damages lost due to false advertising are relatively small, they are not costs consumers should have to bear. By participating in a class action lawsuit, an aggrieved individual and all those similarly wronged can obtain compensation for their losses.
Types of false or misleading advertising
- Bait and switch advertising is illegal under the Federal Trade Commission Act. It is illegal to promote a product that a company does not intend to sell or provide. Companies that use bait and switch tactics will pull in consumers by promising to sell an item at a certain cost, when in fact they plan to sell something that is more costly.
- High-pressure sales tactics to get a consumer to purchase an unwanted product or service
- The use of deceptive form contracts
- Artificially inflating prices to make it appear that a good deal is available.
- Use of fine print to mislead consumers
- Failure to disclose when an offer expires
- False claims of going out of business or offering wholesale or factory direct products misleadingly
- Deceptive non-disclosure
- And more
Penalties against false or misleading advertising
Under federal and state consumer protection laws, there are a number of penalties that may be brought against companies who run false or misleading ads, which may include ordering companies to stop engaging in deceptive practices, hefty fines, corrective advertising, disclosures, and more.
In the event that false or misleading advertising causes harm or injury to a consumer, civil penalties can be imposed to recover monetary damages. Under the Lanham Act, a consumer bringing a lawsuit against a company must prove that the advertisement was actually false or likely to mislead or confuse consumers. Evidence of consumer confusion is a requirement to obtain recovery for damages.
If you or someone you know has been defrauded by false or misleading advertising, it is wise to seek the help of an experienced consumer fraud attorney who can protect your legal rights and maximize your options. Please contact us today to learn more information about false or misleading advertising or to speak to a qualified consumer fraud lawyer FREE of charge.