Consumer False Advertising
Consumer False Advertising
Under California false advertising laws, companies are prohibited from using deceptive advertising in connection with the sale of goods. Companies are allowed to use “puffery” to make somewhat inflated claims about their products, but they are prohibited from using language that is designed to confuse or misinform consumers. The reality is that the company cannot make their product or service seem different than it is in reality. The company cannot “misrepresent” the facts.
A company that uses false advertising to sell products is engaging in deceptive business practices in violation of California law.
DECEPTIVE ADVERTISING DEFINITION AND EXAMPLES
Deceptive or false advertising refers to a company’s use of false, misleading or confusing statements when promoting a product or service. These types of misstatements violate consumer protection laws, which prohibit companies from engaging in unfair business practices in order to outsell their competitors.
Deceptive Advertising. Deceptive advertising can include fake sales, false environmental claims, quality deceptions, and bait and switch tactics. Fake sales are a form of deceptive pricing in which a business advertises a “sale” that does not actually provide any discount for consumers.
Misleading Claims. Some companies attempt to take advantage of consumers by misstating or failing to state facts. An example of this is when a used car is sold, and the dealer or salesman discloses that the car was in an accident, but assures the consumer that there was no damage. This is very common, and an inspection of the vehicle discovers that the vehicle had parts replaced, or even frame or “structural damage”
Unsubstantiated Claims. Advertisers are also prohibited from making unsubstantiated statements or claims about the quality or the origin of a product. An example of this would be a car dealer advertising a car as “certified pre-owned” but it fails to meet the requirements for being called a “certified pre-owned car”.
Has this happened to you?
If you believe that you purchased a product that was advertised to be different than the reality you may have a valid claim.