At Sheehan & Associates P.C., we provide services for several areas of consumer and class action law, including false advertising. In the United States, there are both federal and state laws regarding advertising to prohibit several types of deceptive behavior when it comes to products and services. With these laws in place, the rights of consumers are protected. However, most individuals have no idea how to fight a false advertising issue. With our legal help, you can seek monetary damages when you have been misled due to misleading advertising practices.
A company can be sued for false advertising. Many states in the US have a specific law that applies to false advertising that provides the option to sue for the consumer. It is important to work with an experienced attorney regarding your claim so that all local and federal laws are considered within your lawsuit.
False Advertising Definition
The definition of false advertising in general regards several factors based on the law. Consumers will need to show that the advertising they were subject to was misleading or false, that the company lied about something important regarding their products/services, that the false advertisement was seen by the consumer and that the advertising played a role in the purchase of the service or product.
In such a case, a consumer can show that they would not have purchased the product or service if not for the false advertising. They can show that the advertisement actually caused the individual to pay more than they would have in another circumstance, perhaps by going with another retailer.
Based on the law, a false advertisement can directly state something that is misleading or not true. It can also be considered false based on what the advertisement does not say. If important information is not included and the consumer would not have purchased the product or service due to that information, then the individual can sue based on the failure to disclose.
Penalties for False Advertising
At Sheehan & Associates P.C., we have handled several cases involving false advertising. Each case is different and can result in a varying outcome. There are several penalties in place regarding false advertising cases. If the case concludes that false advertising included fraud, then the company could be charged with a criminal penalty. Wire or mail fraud charges may be included due to an advertisement being distributed online or via mail.
A civil penalty may also be in play when it comes to false advertising. In some states, consumers have the ability to collect statutory penalties. It is important to know your options based on your location. With our help, we can build a case based on federal and state laws to help you fight an instance of false advertising.
False advertising comes in many forms, from hidden fees to misleading labels. Our law office is here to help. If you feel that were treated unfairly due to false advertising or mislead, give our team a call today. We will review your claim and help determine if you have a case.