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 “risk free” or offered with a satisfaction guarantee
or money-back guarantee;
4. That the seller is accredited or rated favorably by the Better Business
Bureau;
5. A seller’s affiliation with, or endorsement or sponsorship by, any
person or entity;
6. The amount that a consumer’s credit or debit card will be charged
and the timing of the charge(s);
7. That a transaction has been authorized by a consumer;
8. The dates that any limited time sales offer begins and ends;
9. The requirements or terms of the seller’s refund or cancellation
policies;
10. The identity of the seller, including the seller’s name, physical
address, and customer service telephone number;
11. Disclosing, using, or benefitting from customer information, including the
name, address, telephone number, email address, Social Security number, other
identifying information, or any data that enables access to a customer’s account
(including a credit card, bank account, or other financial account)

FREE CONSULTATION ON YOUR FALSE ADVERTISING CLAIM

False Advertising Frequently Asked Auestions

businessman signing a contract

Here are some common questions people ask about false advertising.

Is false advertising illegal in the US?

Yes.  There are various state and federal laws that punish false advertising.   The New Jersey Consumer Fraud Act.  prohibits, deception, fraud, false pretense, false promise, misrepresentation, or the knowing, concealment, suppression, or omission of any material fact in connection with the sale or advertisement of any merchandise.  N.J.S.A.: 56:8-2, http://co.hunterdon.nj.us/pdf/consumeraffairs/consumerfraudact.pdf.  New York has a separate false advertising law as do most states.

Can you sue a company for false advertising and if so how?

An individual can file a claim for compensation, or report the misleading advertisement to a state or federal agency.   This office handle misleading automobile and other types of advertising.  

What agencies are is in charge of enforcing truth in advertising laws?

In New York, that is the Division of Consumer Protection, in New Jersey, the Division of Consumer Affairs.  http://www.dos.ny.gov/consumerprotection

What is the  definition of False Advertising

There are several issues with false advertising.  First, are the claims misleading.  Secondly, are disclaimers and limitations fairly presented.  Third, are there specific laws or regulations violated.

FREE CONSULTATION ON YOUR FALSE ADVERTISING CLAIM (973)598-1980

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