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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 7652
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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I was under the impression that the following item ordered

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I was under the impression that the following item ordered with the details below included the heater because of the specifications, although I just noticed under the "Included items it was not there" I find this to be misleading. Is this considered false advertising?

FitMAX iPool 2 Water Therapy System Specifications:

Dimensions: 10' L x 7' W x 54" H
Heater: 11 kW, 60 AMP
Pump Efficiency: 1000 gph
Pool Capacity: ~2200 gal
Frame Dimensions: 7' 3" H x 8' 9" W x 11' 9" L
Heater Dimensions 16" H x 9" W x 6" L
Water Depth: 48"
Includes: Spa Pump and Filter, PVC Coated Liner, White Powder Coated Galvanized Pipe Frame, Ladder, Floor Mat, Cover and Positioning Bungee with Belt.

LegalGems :

Hi! LegalGems here. My goal: To Do My Best To Assist You. Please remember, I can only provide general information,as this is a public forum.

LegalGems :

One moment please as I look into this for you.

Customer:

THank you, XXXXX XXXXX a link to the website as well. http://www.activeforever.com/fitmax-ipool-2?productid=7995

LegalGems :

When you read the specifications it would appear that the heater is included. Generally with these types of ads it will say "Heater not included" (similar to the batteries not included statement on electronic devices.). Here is the FTC's position on advertising: http://business.ftc.gov/documents/bus35-advertising-faqs-guide-small-business

LegalGems :

Generally though, for issues such as this, the solution is to restore the plaintiff to the position s/he would have been in but for the advertising issue- which would mean a refund, versus providing a heater.

LegalGems :

If you file a complaint with the FTC, they may require the manufacture to correct the ad.

Customer:

Thank you, XXXXX XXXXX your assistance. This should provide me with enough information to understand this better. Have a great day!

LegalGems :

Here's the information for filing a complaint with your state's consumer protection department: http://datcp.wi.gov/uploads/Consumer/pdf/DeceptiveAdvertising125.pdf

LegalGems :

You are welcome. Take care.

Customer:

You too, Bye

LegalGems and 6 other Consumer Protection Law Specialists are ready to help you