False of Misleading Advertising

businessman signing a contract

Call (973) 598-1980 for a Free Consultation on Your False Advertising Claim 

There are a number of laws that protect consumers from false advertising.  The New Jersey Consumer Fraud Act broadly prohibits fraud and deceptive practices and in appropriate cases, legal fees and added damages can be recovered.  There are specific regulations dealing with automobile advertising.  Additionally, the FTC has rules though they are enforced by the FTC, not private persons.  Their rules are informative and courts may rely upon them for a statement of standards.    For example, many advertisements try to hide disclaimers and limitations, which has been condemned.

1. Display
“Clear and conspicuous” means that a required disclosure is difficult to
miss (i.e., easily noticeable) and easily understandable by ordinary consumers,
including in all of the following ways:
1. In any communication that is solely visual or solely audible, the
disclosure must be made through the same means through which the
communication is presented. In any communication made through both visual and
audible means, such as a television advertisement, the disclosure must be
presented simultaneously in both the visual and audible portions of the
communication even if the representation requiring the disclosure is made in only
one means.
2. A visual disclosure, by its size, contrast, location, the length of time it
appears, and other characteristics, must stand out from any accompanying text or
other visual elements so that it is easily noticed, read, and understood.
3. An audible disclosure, including by telephone or streaming video,
must be delivered in a volume, speed, and cadence sufficient for ordinary
consumers to easily hear and understand it.   See http://www.ftc.gov/news-events/media-resources/truth-advertisingftc.gov

Call (973) 598-1980 for a Free Consultation on Your False Advertising Claim

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