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.