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Deceptive Practices In Advertising In Hillsborough
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State:
Multi-State
County:
Hillsborough
Control #:
US-000289
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FAQ
—It is unlawful to offer for sale or to issue invitations for offers for the sale of any property, real or personal, tangible or intangible, or any services, professional or otherwise, by placing or causing to be placed before the general public, by any means whatever, an advertisement describing such property or ...
Fraudulent misrepresentation is a civil offense that occurs when someone makes a false statement of fact to another person with the intent of inducing that person to act in a certain way, and the other person acts in that way and suffers harm as a result.
Under the law, claims in advertisements must be truthful, cannot be deceptive or unfair, and must be evidence-based. For some specialized products or services, additional rules may apply.
Section 817.41 - Misleading advertising prohibited (1) It shall be unlawful for any person to make or disseminate or cause to be made or disseminated before the general public of the state, or any portion thereof, any misleading advertisement.
An advertisement is deceptive if it contains a representation or omission of fact that is likely to mislead a consumer acting reasonably under the circumstances, and that representation or omission is material to a consumer's purchasing decision. FTC Policy Statement on Deception, 103 F.T.C.
In order to prevail in a false advertising lawsuit in California, the plaintiff would need to prove: The defendant lied about a material fact; The plaintiff purchased the product or services based on this lie; and. The plaintiff suffered financial harm as a result.
To establish that an advertisement is false, a plaintiff must prove five things: (1) a false statement of fact has been made about the advertiser's own or another person's goods, services, or commercial activity; (2) the statement either deceives or has the potential to deceive a substantial portion of its targeted ...
The FTC enforces these truth-in-advertising laws, and it applies the same standards no matter where an ad appears – in newspapers and magazines, online, in the mail, or on billboards or buses.
The federal Lanham Act allows civil lawsuits for false advertising that “misrepresents the nature, characteristics, qualities, or geographic origin” of goods or services. 15 U.S.C. § 1125(a). The FTC also enforces false advertising laws on behalf of consumers.
There are several commonly recurring defenses for false advertising claims. Statements that are opinion rather than false expressions of fact are not actionable. Mere puffery is also a defense. Exaggerated statements upon which a reasonable buyer would not rely are not actionable.