Consumer Protection Law

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I'm referring to a TV advertisement for a product that is…

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I'm referring to a...

I'm referring to a TV advertisement for a product that is inconsistent with what is actually shipped. The product is supposed to include a hard plastic case but instead a soft plastic case is shipped as a substitution. The hard case provides protection of the product inside and is much more preferable. Is this not a misrepresentation of the advertised product. It is also being provided without discounting the price or notifying the buyer even thought it is returnable if not found satisfactory to the buyer. Thanks, Walt...

Lawyer's Assistant: What state are you in? And is a local attorney or other consumer protection advocate helping with this?

Calif, no

Lawyer's Assistant: What steps have you taken so far?

None

Submitted: 7 months ago.Category: Consumer Protection Law
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Answered in 7 hours by:
12/21/2017
Consumer Protection Lawyer: LegalGems, Lawyer replied 7 months ago
LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 13,850
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Consumer Protection Lawyer: LegalGems, Lawyer replied 7 months ago

I'm sorry to hear this;

it is false advertising if the product is misrepresented and the consumer does not receive the promised for exchange. The plaintiff must show “members of the public are likely to be deceived.” The standard is the reasonable consumer would feel deceived. The damages may include actual damages and injunctions against future similar misconduct. This is in violation of the Unfair Business Practices Act.

Here is the relevant code:

https://www.arb.ca.gov/bluebook/bb07/bus/bus-17500.htm

You will see the penalty is a fine and possibly jail but that is rarely implemented.

The consumer may also sue for damages-the difference in the product received as opposed to that as represented; or they may void the contract.

California’s Consumer Legal Remedies Act (“CRLA”) allows an aggrieved consumer to bring a class action as well which allows for additional damages such as legal fees and punitive damages.

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Consumer Protection Lawyer: LegalGems, Lawyer replied 7 months ago

Hello Again;

If you have any questions on the above please post by this evening so I can respond tomorrow morning; otherise I will be out of the office for a few days; of course upon my return you can also follow up then.

Enjoy your holidays, and thank you!

If no further questions kindly rate positively but if questions remain, ask away!

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