NEW YORK DECEPTIVE PRACTICE CLAIMS

The New York States Deceptive Practices Statute says,  Deceptive acts and practices unlawful. (a) Deceptive acts or  practices in the conduct of any business, trade or commerce or in the  furnishing of any service in this state are hereby declared unlawful.       A variety of practices can be punished including false advertising, bait … Continue reading NEW YORK DECEPTIVE PRACTICE CLAIMS

ANTI-AGING SKIN CREAM

Our office is looking into deception and fraud claims involving anti-aging skin cream.  http://e-tvonline.com/wedding/luxurious/report.php  Some promote impressive results in a short time and celebrity endorsements.  However, some companies have reported complaints including unexpected charges. We provide a free consultation to discuss your rights and remedies. *the picture displayed above is not from the company.

FALSE ADVERTISING LEGAL STANDARD

The following case excerpt discusses the legal standard for False Advertising Claims. The central question here is whether Salov's labels were likely to deceive a reasonable consumer. The UCL, CLRA, and FAL, prohibit "not only advertising which is false, but also advertising which [,] although true, is either actually misleading or which has a capacity, … Continue reading FALSE ADVERTISING LEGAL STANDARD

Overcharging and Deception at Auto Parts Store

A New Jersey investigation found overcharging and misleading advertising at auto parts stores. The State said,  "The investigation, undertaken early last year, found that seven AutoZone stores in Newark, Carteret, Elizabeth, Linden, Flemington, and Plainfield, failed to plainly mark the total selling price on some merchandise." http://www.njconsumeraffairs.gov/News/Pages/03292016.aspx.  A consent order was later executed.  http://www.njconsumeraffairs.gov/News/PressAttachments/03292016_AutoZone_att.pdf The Division … Continue reading Overcharging and Deception at Auto Parts Store

False Advertising and Telemarketers

"The telemarketers generally began their calls by congratulating consumers for qualifying for a special expense reduction program or asking whether the consumer was interested in decreasing his or her debts. Telemarketers generally stated that they were affiliated with the consumer's creditors or lenders, were calling on behalf of the government, or had special relationships with creditors or lenders that enabled them to negotiate debt management deals that were unobtainable by other service providers."

Utility and Advertising Overcharges,

Have you been promised one price in an advertisement or solicitation and found that you have been charged significantly more.  Our office is handling claims involving Verizon, cable companies and other entities.   Have you been solicited by a telemarketer for a promising plan, but found something different when you signed. Call (973) 598-1980 for a Free … Continue reading Utility and Advertising Overcharges,

Made in the U.S.A. Legal Standard

One of the principal sources for standards are FTC rules or guidelines.  Under the FTC standards,  "For a product to be called Made in USA, or claimed to be of domestic origin without qualifications or limits on the claim, the product must be “all or virtually all” made in the U.S. The term “United States,” as referred … Continue reading Made in the U.S.A. Legal Standard

False or Misleading Made in the U.S.A. Claims

A company which proclaims its product is made in the U.S.A. must live up to that promise.  The FTC has filed actions and private enforcement is equally possible.  For example one case prohibits ae company from making unqualified Made in USA claims for any product unless it can show that final assembly or processing – and … Continue reading False or Misleading Made in the U.S.A. Claims

Pet Food Deception

The Federal Trade Commission has approved a consent order with Mars Petcare U.S. settling charges that the company falsely advertised specific health benefits of its Eukanuba brand dog food. According to the FTC’s complaint, filed in August 2016, the company claimed in ads, but could not prove, that a 10-year study found that dogs fed Eukanuba could extend … Continue reading Pet Food Deception

Common Types of False Advertising

Misrepresenting, or assisting others in misrepresenting, expressly or by implication, any fact material, including: 1. That a good or service is free, a bonus, a gift, a trial, without cost; 2. That a good or service is available for a minimal processing, service, or administrative fee or without further obligation; 3. That a purchase is … Continue reading Common Types of False Advertising