False Advertising
False Advertising Lawyer
Effective advertising is part of marketing a product successfully. Companies work hard to create catchy creative ad campaigns that will entice the consumer to purchase their product. All too often however, consumers find they have been the victim of false advertising claims.
While false advertising is prohibited by state and federal law, it happens every day. In addition to state laws, the federal Lanham Act was created to protect consumers and allow them to sue businesses where there their advertising misrepresents the character, quality, nature, or geographic origin of goods or services.
These laws work in conjunction with truth-in-advertising laws. These particular laws apply to advertising via any medium, including online ads, newspapers and magazines, billboards, etc. The Federal Trade Commission states that pursuant to these guidelines, all advertising claims must be “true according to empirical data or scientific consensus.”
When these companies purposefully engage in false advertising, they should be held accountable for the losses they have caused. Whether this is handled with a demand letter, filing an individual or class action case, or reached by settlement, we are focused on bringing justice to our clients.
If you have been a victim of false advertising, going up against a big-name company or bank can be intimidating. Rest assured that we will fight on your behalf to ensure you receive the compensation you and your family deserve.
What is False Advertising?
False advertising is when individuals or businesses use misleading, false or unproven information in order to sell their products to consumers. There are countless ways false advertising can be used to persuade consumers. Some examples include:
Omitting information: Omitting specific facts about a good or service that the consumer should know. An example of this would be failing to mention the side effects of a health product.
Puffing: This is used to exaggerate a products worth through false or misleading claims.
Using Hidden Fees: Often a company will use a low product price but fail to mention the additional costs and surcharges involved.
Photo Retouching: Photographs of a “before and after” result are retouched to exaggerate results.
Using Oversized Packaging: Some products are sold in purposefully larger packages to give the appearance that they consumer is getting more than what they paid for.
Misleading claims: This is prevalent with dieting products, or health products. The claims on the product may be exaggerated and unfounded.
Bait and switch: This is a form of advertising where a company advertises a product at a very low price. Once the customer is attracted, they will try and sell the consumer a more expensive product.
False Advertising Lawsuit
To have a legal claim, consumers or competitors must prove:
- A false statement was made about the company’s product offering, or service.
- The statement is deceptive, or has the potential to deceive the consumer.
- This deception is likely to influence the consumer’s decision to purchase.
- The deception has the ability to cause injury, damage or loss to the purchaser.
If you feel you have been a victim of false advertising, it is important to take action. These companies deserve to be held accountable for their actions and the damage they cause to consumers. Come in for a free consultation. We will listen to the facts of your case and give you an honest assessment of your legal options. If you decide to pursue legal action, we will take your case on contingency, so you pay nothing until we recover compensation for you. Call us today at (202) 626-4486.
