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)

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False Advertising Frequently Asked Auestions

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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.  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.

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False of Misleading Advertising

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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 www.ftc.gov/news-events/media-resources/truth-advertisingftc.gov

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