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False Advertising Claims - What You Need To Know

By Expert Author: D. Klemchuk

There is a stiff competition in the market today. Businesses have to work hard in order to be able to grab the attention of consumers today. It is virtually impossible to do this well without advertising. Coming up with an effective advertising campaign is an essential part of marketing. However, due to heavy competition, some companies go overboard with their advertisements. They give consumers false impressions about their goods and services in order to lure them into buying their products. This is becoming popular in the market today and is known as false advertising.

It is important to know that false advertising may be a breach of the law. Consumer protection laws generally require that businesses be honest about their products and services when selling them to the consumers. The purpose of advertising is not to exaggerate the qualities of the products or services but to inform the consumers about them. Consumers may have a right to sue a company if the advertising was misleading.

False advertising claims are increasing due to the competitive nature of the marketplace today. Notably, a consumer may have the right to file a false advertising claim whether the business intentionally meant to mislead them or not. If you watch an advertisement, promotion, or business quotation, and the general impression that is left in your mind is misleading, then you may have a case. Many of the false advertisement claims result from consumers getting a false impression about the price, value, or the quality of the goods or services.

When you think that you are a victim, you should consult a false advertising lawyer to help you with the case. They should be able to tell you whether you have a case or not. One of most the common claims involves fine print and qualifications. This typically occurs when a company claims one thing in the advertisement but does not deliver when you go to buy the product. An example would be if a company claims that a product or service is free but requires payment when you go to buy it. If this occurs, the company will need a strong false advertising defense to avoid making compensation as a result of such advertising.

It is important to note that these laws not only protect the consumer but companies and businesses as well. One of the ways that companies are protected under laws are through trademark, patent, and branding issues. Infringing a trademark may also constitute false advertising. When a consumer is misled by a trademark or brand issue, then he or hse may be able to make false advertising claims. Companies can also sue for comparative advertising, which also falls under this category. When another company compares products that already exist, in order to show that their products are superior, it may be a breach of law if the comparison is deceptive, misleading or false. As you can see, a false advertisement defense is not easy, and as such, a false advertising lawyer should be consulted to help you understand the law.

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