false advertising lawyer

False Advertising Lawyers

False advertising is prohibited by state and federal false advertisement laws. At the federal level, the Lanham Act allows consumers to sue businesses when their commercial advertising “misrepresents the nature, characteristics, qualities, or geographic origin” of goods or services. The Federal Trade Commission has also enacted regulations that prohibit deceptive advertising and help support false advertising attorneys.

In California, the Unfair Competition Law prohibits unfair, deceptive, untrue or misleading advertising. Deceptive advertising laws permit consumers who have been harmed by a falsely advertised product or service to sue the advertiser. The consumer’s harm is usually the failure to receive what the consumer expected after paying for a product or service because the expectation was created by false and deceptive advertising.

Even when a product is inexpensive, a consumer who has been duped into buying it suffers harm. Lawsuits for false advertising allow consumers who have suffered relatively small harms to join together in bringing a collective claim against the false advertiser.

Class action lawsuits force businesses to compensate large numbers of consumers who have been harmed by false advertising. Successful class action lawsuits may also compel businesses to advertise honestly. The false advertising lawyers at The Cooper Law Firm represent California consumers in class action lawsuits based on false advertising and offer free case evaluations. If you’ve suffered as a result of deceptive marketing, The Cooper Law Firm will evaluate your circumstance for free.

False Advertising in California

California law defines advertising broadly to include most statements made to promote the sale of a product or service. Advertising includes not only traditional media advertising (television and radio commercials and printed ads), but also descriptions of goods and services on websites, on displays next to a product, and on product labels. Information provided in telephone solicitations may also be covered by false advertising laws.

California law prohibits advertising that is untrue or misleading. Untrue advertising is advertising that makes an untrue statement. Advertising that a shirt is made from cotton when it is actually made from polyester is an example of untrue advertising.

Under California law, advertising is misleading if it would likely deceive a reasonable consumer. Whether an advertisement is misleading depends upon the overall impression that the advertisement conveys, including the words and images used.

Examples of False Advertising

deceptive advertising

False or misleading advertising can occur in many different ways. Here are some examples:

Take a look at our Product Labeling page for additional examples of false advertising that apply to misleading product labels. In such instances, those affected would benefit from speaking with a lawyer for false advertising.

Bait-and-Switch Advertising

Bait-and-switch is a tactic that sellers use to lure consumers into their businesses by advertising a product or service at a very favorable price. Once the consumer responds to the advertisement, the seller pressures the consumer to buy a more expensive good or service.

Section 17500 of the California Business and Professions Code makes it illegal for a business to advertise a product or service at a particular price as part of a plan or scheme with the intent not to sell that product or service at the advertised price. Examples of bait-and-switch schemes include:

False Advertising Class Action Lawsuits

Successful false advertising claims have been brought against big companies that manufacture brand name products, including Sketchers and New Balance running shoes, Activa and Airborne cold prevention medications, Hyundai and KIA automobiles, Listerine mouthwash, Dannon yogurt, Duracell batteries, Kellogg’s cereals, and Pennzoil motor oils. Smaller, local companies have also been successfully sued for violating false advertising laws.

What Victims Can Do

If you believe you were induced to purchase a product or service by advertising that was untrue, deceptive, or misleading, call the false advertising lawyers in California at The Cooper Law Firm for an evaluation of your case. It may be possible to use a class action lawsuit to vindicate your rights. Call (844) 724-9200 to get help today.

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