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Deceptive Practices In Advertising In Miami-Dade
Category:
State:
Multi-State
County:
Miami-Dade
Control #:
US-000289
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Word;
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FAQ
For example, in California, the state attorney general can bring a lawsuit to recover civil penalties up to $2,500 for each false advertisement sent to a consumer. The Federal Trade Commission (FTC), a federal agency charged with protecting consumers, can collect civil penalties up to $40,000.
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.
Code § 17535. In addition, the Attorney General “or any district attorney, county counsel, city attorney, or city prosecutor in California” may bring a claim under the False Advertising Law for not only restitution and an injunction but civil penalties of up to $2,500.00 per violation.
Example: A broker lists a property in Asheville as having “spectacular mountain views,” even though nearby buildings partially obstruct the view. This misrepresentation may disappoint buyers and damage the agent's credibility if they feel the description was misleading.
False advertising is when a company says something about its products or services, either in an advertisement or a label, that is outright false. On the other hand, deceptive advertising is when a manufacturer makes statements that may be technically true in some sense, but are likely to deceive a reasonable consumer.
FDUTPA defines unfair trade practices as those that “cause substantial injury to consumers or other businesses and cannot be reasonably avoided by the consumer or the other business.” FDUTPA is also a “gap filler” to questions of federal law because it provides consumers with a private right of action to sue for unfair ...
634.336 Unfair methods of competition and unfair or deceptive acts or practices defined. —The following methods, acts, or practices are defined as unfair methods of competition and unfair or deceptive acts or practices: (1) MISREPRESENTATION AND FALSE ADVERTISING.