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False Advertising Laws

What is false advertising?

False advertising, also known as deceptive advertising is when a company or person uses false or misleading information when they advertise a product. When a company false advertises, it is their way of persuading people into transactions that they would typically avoid. Today there are many governments around the world that have set regulations to defend against false or deceptive advertising of a product. Governments believe that the truth of a product should be on the label and that the customer has the right to know exactly what they are buying. False advertising, in most countries, is illegal but many companies have found ways to still deceive their customers.

Can a person seek treble damages in court for false advertising in Pennsylvania?

In the state of Pennsylvania, section 201.92 of the Unfair and Deceptive Practices Act, "actual damages or one hundred dollars ($100), whichever is greater. The court may, in its discretion, award up to three times the actual damages sustained, but not less than one hundred dollars ($100), and may provide such additional relief as it deems necessary or proper." According to that, in most situations as long as a person’s demands do not exceed the maximum amount of $8000, then the person can seek treble damages in the courts.

Can a person sue for false advertising when a dental lab falsely states where the crowns are from?

The person would need to have positive proof that the crowns that say are made in the USA are not in fact, made in the USA. The company may send the crowns to another part of the state or to another state altogether, but of the person can prove that they are deceiving their customers and if there are damages from the use of the crown due to the false advertising that they believe happened, and then they can sue for damages. The person would also need to report the company and have an investigation conducted to show the fraud that the company is committing.

In the state of California, what should a person do to handle a internet false advertising situation when the company is obtaining the email information from a person’s contact list?

The person would need to contact the California Attorney General, Customer Frauds Division, by writing, to file a complaint against the company. The terms and conditions of the company may not save them from the complaint due to the company falsely obtaining the emails of the contacts, which is a violation of state law as well. If the AG believes that this company is false advertising, then the company’s terms and conditions may not save them.

Can a person sue a hair iron company for false advertising when they claim the iron does not damage hair, but the person suffers damage?

Any person can sue anyone or thing. If the person wanted to show that the hair iron was falsely advertised and caused damage to the person’s hair when it was not suppose to, then the person would need to prove that the hair was not damaged prior to them using the hair iron. The proof would be showing that the person hasn’t dyed, used damaging chemicals, or certain hair damaging products.

When a person buys a product, the government believes that he/she has the right to know what is in the product, what the product does, and what issues the product may cause. Companies that sell products are held to a standard of telling the truth when they advertise their products. If the company fails to tell the truth regarding their products, then this is considered to be false advertising and a customer may be able to seek damages if the product causes them harm or distress in any way due to the false advertising. If a customer feels that they have been a victim of false advertising, then he/she may need to seek the advice of an Expert to gain answers to the questions that he/she may have.

Ask a Consumer Protection Lawyer

Infolawyer
Infolawyer, Lawyer
Category: General
Satisfied Customers: 5852
Experience:  Licensed attorney helping individuals and businesses.
11313492
Type Your Consumer Protection Law Question Here...
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4 Consumer Protection Lawyers are Online Now

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Consumer Protection Lawyers are online & ready to help you now

Ron
ASE Certified Technician
Satisfied Customers: 21620
23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
Dr. Y.
Urologist
Satisfied Customers: 18632
I am fellowship trained specializing in general urology and reconstructive urology.
John
Home Appliance Technician
Satisfied Customers: 13453
Appliance repair business owner for over 43 years.

Recent False Advertising Questions

  • Hello, My grandmother sold an embroidery machine on craigslist

    Hello, My grandmother sold an embroidery machine on craigslist two weeks ago. She told the buyers they would need to work out the issues with the software in order to operate the machine. The buyers agreed, inspected the machine to their satisfaction, paid $2500 for it and left. They have been unsuccessful at getting the software to work so far, and now they are asking for their money back and threatening to sue for $7800 based on what they claim is false advertising. They claim there is no way to operate the machine. I looked at the craigslist ad and the text messages, and there is no promise made that she would refund their money if they could not get it to work. They inspected the machine, and should have done their research before buying it and keeping it for 2 weeks. They could have damaged it by now. Will the buyers be able to sue in court and win? Their claims of false advertsing are sketchy, but even if it were false advertising, is there a law governing false advertising on craigslist? Or is the responsibility on the buyer to research their purchase? Thank you.
  • Can i build a case against this car dealership? and if i do,

    Can i build a case against this car dealership? and if i do, how much power do i have in this situation, can money be retrieved? I Financed a 2013 dodge ram HEMI 5.7 Liter in January 2014 and earlier this month i came to find out after inspecting my truck that it was equipped with a 4.7L engine and the sales person gave me wrong information to trick me into buying it,  I couldn't find it on the papers saying its a 4.7 or 5.7 but i decoded the VIN number and it revealed that its indeed a 4.7. I am not saying they sold it as a 5.7Liter engine, I'm just making clear they false advertised and tricked me into thinking it had a HEMI motor. The Car Dealership stuck on a logo for false advertising to get me into buying it. The HEMI motor is known to be a very strong motor and i honestly was sold when i heard about, i currently pay each month for this financed truck and i am not happy with the fact that its 4.7 liter. I forgot to mention that on the truck till today it has a HEMI 5.7L chrome logo placed on the truck since I bought it from them. I also have video and sound proof of the same sales person that sold me that truck saying its a HEMI Engine 5.7. is this considered a violation of the Tennessee Consumer Protection Act?

  • Can I sue a company for not giving me a full refund?

    Can I sue a company for not giving me a full refund?


     


    I ordered something off Mod Chips Central and at the time I placed my order they said it was in stock. I ordered and waited a week then contacted them since my order hadn't been shipped yet.


     


    They informed me that the item wasn't in stock but would be by the end of the week. They updated their site to say a cable was on backorder ( I ordered a kit and the cable was one piece of the kit).


     


     


    I waited again and contacted them again. They claimed now that the main part, which they said was in stock (in their previous email), was now missing but should be there by the end of the week. once again they updated the one page to say the object is not in stock.


     


     


    When I asked for a full refund they insisted I'd be charged 25% for "using a visa card to pay" for the items. I insisted I wanted no part of that fee since this is their mess, not mine, but the insist the fee remains.


     


    They claim their site warned me before I ordered but it didn't and if you look at their site now, it actually claims the very item is IN stock.


     


    So can I sue for anything (false advertising for starters)? Do I have to take the fee to get a refund (it is listed in their terms of use)?

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